Get free answers to your Real Estate Law legal questions from lawyers in your area.
I am considering a divorce but have not filed yet, and my spouse, who is the sole person on the mortgage and deed, is in the process of refinancing our house. I am worried as I can't afford the payments on a newly financed mortgage. Is there a way for me to stop this refinancing process before... View More 
answered on May 15, 2025
If you are not on the loan or deed of the house, I am not sure of a way that you could stop her since your signature is not required to refinance. One you file for divorce, Georgia's "Standing Order" states that you cannot sell marital assets, but I am not sure if that would apply to... View More
I have been the sole owner of my father's commercial property (3.4 acres, including a house and five rentals) in Georgia for the past 16 years, holding the deed in my name. Five years ago, my father passed away after writing a will, which was not recorded, dividing the property among me and my... View More
answered on May 6, 2025
Yes, your ownership of the real estate is not affected by the will of your father. The will can only distribute real estate and other assets actually owned by your father. Also, because you own the property individually, you cannot ask your siblings to contribute to the cost of upkeep, maintenance,... View More
My husband passed away and left me our home in Georgia. I am a Florida resident looking to sell the house in Georgia quickly. The house is still in my husband's name, and there is a small mortgage on it. I am the sole beneficiary and there are no other parties involved. What steps should I... View More
answered on May 2, 2025
If probate has been filed in Florida, you can file for ancillary probate in Georgia. If there are no probate assets in Florida and probate hasn't been filed, you can file probate directly in Georgia. If your husband had a will, a petition to probate the will in solemn form will need to be... View More
My grandmother, who is still competent, put her house in the name of her daughter, who has power of attorney over all matters. However, she wants to leave the house to someone else in her will due to a strained relationship with her daughter. The house has been my grandmother's for 20 years,... View More
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answered on Apr 24, 2025
Power of Attorney does not convey ownership. The daughter simply steps in the shoes of the principal(grandmother) for a specific amount of time. Upon the principal's (grandmother's) death, the property remains in the principal's (grandmother's) estate and if a Last Will and... View More
I contributed to purchasing a house and made the down payment. During my marriage, I also made mortgage payments. We have been divorced for 8 years, and now my ex-spouse is selling the house. My name is only on the deed, and we did not discuss the house during the divorce proceedings. Should I... View More
answered on Apr 16, 2025
The time to address the home and any other real or personal property was during your divorce. If the house, your contributions, and ownership was not addressed in the divorce, you have likely lost your right to ask for anything at this point, as your divorce was finalized 8 years ago.
Since buying my property in 2017, a neighbor has claimed that a fence built in 2001 is on their land. They mentioned a survey in 2021 but have no documentation, only some markers. I moved my mailbox after discussing it, but I insisted it wasn't on their property. Now I'm trying to sell my... View More
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answered on Apr 12, 2025
Markers/monuments are physical evidence of a survey. Is your fence on the other side of the markers? If so you may be encroaching on the adjoining property. However the other owner may have acquiesced to the ascertainable boundary (fence) since no suit have been filed. It may be at least a... View More
My father passed away and owned a house in Georgia, with his name as the only one on the deed. He was married to my stepmother, and his will states that she should receive the house. My stepmother's real estate attorney sent me a quitclaim deed to sign so she can sell the house without going... View More
answered on Apr 10, 2025
A quitclaim deed transfers any ownership interest you may have in the property to your stepmother without making any warranties of title. Quitclaim deeds are used to show all others that you relinquish any interest you may have. It is common to give quitclaim deeds in probate cases when everyone is... View More
I am in Georgia and interested in obtaining legal forms related to real estate for a residence, specifically an affidavit of survivorship and Transfer on Death (TOD) deed, as part of my estate planning. These seem simple, but I'd like guidance on how to proceed, including where I can find... View More
answered on Apr 10, 2025
I recommend you consult with an estate planning attorney to prepare these documents. There is a statutory form Transfer on Death Deed provided in O.C.G.A. Section 44-17-3. However, a person's specific circumstances often warrant specific modifications or additions to the form to ensure their... View More
My boyfriend and I bought a house together in Georgia, and now we are splitting up. Both of us are on the deed and mortgage. I plan to buy him out and need to transfer the house and mortgage to my name. We have agreed on the buyout amount, but there is no deadline for the transfer. What steps... View More
answered on Apr 6, 2025
You need a written agreement regarding the amount to be paid and the date the property will officially change ownership. To transfer the mortgage and take his name off of it, you will also need to refinance. Otherwise, he will remain liable for the debt. The mortgage is a separate document from the... View More
My husband and I have been married for four years and live in a camper on his grandmother's property. The grandmother has agreed that I can stay here. My husband is having an affair with a friend of mine and has moved out to live with her. He has returned briefly but then continued with the... View More
answered on Apr 16, 2025
One spouse cannot have another spouse removed from what has been the marital property. Your husband cannot make you leave, even if it's his grandmothers property. She can go through the proper process of evicting you.
I received a default judgment on March 28, 2025, for $6,500 against a real estate broker who sold my house to me. I haven't taken steps to collect the money yet. The broker is still operating in Georgia. What actions can I take to start collecting the judgment?
answered on Apr 2, 2025
A default Judgment operates the same as any other order entered by the court. There are a number of methods available depending on the order itself. To secure the judgment it would be prudent to secure a Fi.Fa. in the county ordered. From there you can negotiate directly with the Defendant, file... View More
I'm recently separated from my spouse, though we are not legally separated yet, and I am in the process of filing for divorce. I purchased a home during our marriage, and only my name is on the property title. There is no prenuptial agreement in place. Do I need to get my spouse's... View More
answered on Apr 16, 2025
I would not sell any real or personal property that was purchased during the marriage prior to filing for divorce or after filing. Anything purchased during the marriage, regardless of who's name it is in, is considered marital property, and your spouse could be entitled to some portion of... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
I have a collection from a previous landlord claiming I owe $6,653. The landlord initially stated I did not have a lease and refused payment. I have documentation supporting my claim. Now, a collection agency is trying to collect the debt. Do I have to pay this?
answered on Mar 26, 2025
The landlord may have refused payment due to sending the claim to the collection agency prior to you attempt to make the payment. Reach out to an attorney to assist you in your debtor defense matter. If your statements are corroborated by facts, you need to formally dispute the debt with the... View More
I'm located in Decatur, GA, and I'm navigating the process of changing the property deeds after the passing of my husband. We jointly owned our home, but the security deed inaccurately lists us as "unmarried," and the warranty deed doesn’t include joint tenancy with rights of... View More
answered on Mar 14, 2025
This will depend on whether you both are listed on the security deed. If you are, then no action should be required with regards to the security deed, as this simply records the mortgage companies interest to the property. In regards to the warranty deed, I assume that if you are not joint... View More
My brother passed away without leaving a will, and I have been paying the property taxes on his land for three years. My name was added as "Co" on the tax information, and now the tax bill is sent to my address, showing his name followed by "Co" and my name. I have not taken any... View More
answered on Mar 11, 2025
In order to legally transfer the title to the land, you will need to petition his estate to Probate in the county where he lived. Once his estate is approved, you can as the executor to the estate, transfer the title of the land via quitclaim deed.
I am being sued for breach of contract by a contractor, but there was no written contract, and the contractor is not licensed in Georgia. The dispute involves remodeling work for a property I own. I paid the contractor $125,000 based on a verbal agreement about the scope of work, which took place... View More
answered on Mar 10, 2025
The immediate answer to your question is to file an answer to preserve your legal defenses and avoid a default judgment. If you were served with the complaint, you are required to file an answer within 30 days, or the opposing party can file for a default judgment against you. There are limited... View More
I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More
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answered on Mar 9, 2025
Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More
I would like to know how to remove my domestic partner from the deed of my home in Georgia. The mortgage is solely in my name, and I have made all the payments. We have been on the deed together for 6 years, there isn't a legal agreement regarding the property, and we are now breaking up. My... View More
answered on Mar 3, 2025
Unfortunately, you cannot remove someone from a deed without their consent unless there is a written agreement to the contrary. The co-owner also has the right to occupy the property, so you cannot legally remove them either. If you want to keep the property, you will need to buy out your partner.... View More
Since 1998, I have lived in my parents' home in Georgia, paying part of the mortgage until I took over full payments in 2015 when my father passed away. We initially bought the house together with the understanding that my son and I would always live there with them. My father left a... View More
answered on Mar 3, 2025
You will need to file for probate of both of your parents' estates. If your parents had no will, your sibling's children would be heirs who must be notified of the probate proceeding. During probate, you can try to enforce any of the agreements made by your parents. You can also file a... View More
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