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There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
You cannot remove her name from the deed without her consent. You can force her to sell the property, but that can only be accomplished through a partition lawsuit. In a partition lawsuit, you ask the court to divide the property evenly. This typically only works if the property is undeveloped... View More 
There was no court settlement at the time of the divorce as we chose to do that on our own. My ex refuses to sign a quit claim. How can I proceed to have her name removed from the deed? Can I still sell the house even if she does not want to ?
answered on Nov 19, 2024
Handling this divorce on your own and not having the Court address what would happen with the residence, means that no, you cannot force your ex to do anything without taking them back to court. If it is not a part of the previous final judgment, then there is no order to force your spouse to... View More
In probate. His heirs did nothing after his death for two years. Property was xfer to estate after it was already trnxfer to me
answered on Oct 30, 2024
The land and mobile home are titled assets. If the title to the mobile home and land were not transferred to the trust during the trust maker's lifetime then they do not transfer according to the terms of the trust and would instead be subject to probate, like the no administration necessary... View More
answered on Oct 29, 2024
If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More
answered on Oct 23, 2024
If you qualify for the mortgage by yourself, it is possible to refinance without your ex husband's signature even if he was on the previous mortgage. The divorce decree may also provide some guidance on how and when the refinance can take place. Your ex husband may need to sign a deed to you... View More
I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga
answered on Oct 22, 2024
It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More
I'm a vendor for a painting company that handles interior painting for apartments when tenants move out. We have an outstanding balance of $37,310 with a property located at 370 Northside Dr NW, Atlanta, GA 30318.
We’ve tried reaching out through emails and visits, and all our... View More
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answered on Oct 10, 2024
Hire a competent GA attorney to draft and record a Materialman's Lien against the property. You also may consider suing the entity you contracted with for the debt owing. Hopefully the actual owner contracted with you. It is doubtful you will be made whole due to the expenses involved in... View More
I entered into a lease to purchase agreement with my landlord. Once the contract and purchase were completed they refused to produce title to my home. It has been 5 years and they haven't produced the title. I now have a case pending in court, to be heard by the judge on October 24. What are... View More
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answered on Oct 8, 2024
Hopefully you have a GA attorney representing you. You will not be able to try this yourself. Proof of the contract, all payments, no tenant defaults and the landlord's default , will all have to be proven in Court. If you win, you will need to draft an Order and probably a Deed.... View More
The father of my child is asking us to leave the house, under his name, and is demanding short time. He moved out years ago. The lawyer has not presented me with papers or anything physical but constantly calls me, and reminds me of deadline. I told him, nothing is legitimate until I see papers.... View More
answered on Sep 22, 2024
If you have a family court case you should hire an attorney with experience in handling those matters. As you are the opposing party, and you do not have an attorney, the attorney representing the other party does have to speak directly to you, regarding the case. And they can choose to... View More
I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?
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answered on Sep 20, 2024
You can convey your interest, but it is not one-half. Assuming you have correctly stated your estate, you own an expectation of being the surviving tenant and taking the whole, subject to the secured debt. Otherwise your interest is extinguished. Hire a GA attorney to draft your deed if you... View More
I co-own a house with former partner who stayed in the house after breaking up and is also the only one on the mortgage. Can I sell my half ownership to a third party? Should I get a lawyer if I want to file suit for petition to sell? Can I enter the property at any time and stay/use it as I please?
answered on Sep 20, 2024
If you can find someone who would be interested in buying your half only, you can absolutely sell to them without restriction. However, it is difficult finding someone who will accept partial ownership of property.
You will definitely need a lawyer for a partition action to force the sale... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
He recently passed away he never put the property in his name he had no will would I be able to sell the property again
answered on Sep 6, 2024
If your intent was to sell the property, it would be fraudulent to sell it again. On the other hand, if the legal formalities of transferring the property were not met, the transfer would not be effective, in which case you could sell the property again. If you attempt to sell it again, you run the... View More
My father passed a few years ago and I was trying to see if any property he owned could be inherited.
answered on Sep 3, 2024
Here in California there are several avenues to determine the owner of real estate. The fastest manner to determine ownership of real estate in California is to contact the Assessors Office in the county the property is located and provide a combination of address, APN or past owner. You can also... View More
Found out the land when purchased by owner did not go thru the proper channel for getting clear title. Can I file and receive a BONDED TITLE? Or what are my options
answered on Aug 29, 2024
In your situation, a bonded title may not be the appropriate solution since it's generally used for vehicles. For real estate, resolving the title issue typically requires going through a process called a "quiet title action" in court. This legal procedure is used to establish... View More
The person in question had a key , and in front of two deputies, claimed she had some of her property in deceased's home.. and proceeded to fill three pick-up trucks with items removed from the home . Deceased has a will, yet to be addressed, isn't illegal to remove any items until any... View More
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answered on Sep 20, 2024
It is not illegal for a person to take property that belongs to him or her if that can be done without trespassing.
It is illegal, of course, for a person to steal from the estate, i.e. to take personal property that does not belong to him or her.
If this individual did steal from... View More
My son got his hands on the property will and won't hand it over to me
answered on Aug 9, 2024
Georgia law requires a will to be witnessed by 2 people who are competent to do so. It does not require notarization. If the will does not have the correct amount of witnesses, the probate court may deem the will to be invalid.
I been paying on the mortgage not knowing I was a co owner joint tenant with rights or survivorship I never signed for a mortgage or spoke to anyone I need help I cant get my son in school if I don't have the title but I'm a co owner
answered on Aug 9, 2024
It is unclear from your post if the mortgage lender was referring to you not being on the mortgage or not being an owner of the property. There are 2 different kinds of deeds they could have been referring to - the Security Deed, which is the mortgage document, and the deed which conveyed... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Sep 2, 2024
Unfortunately, receipt of the notice is not required by law. As long as the foreclosure attorney has proof that the notice was sent by certified mail that is legally sufficient. Even if that is the case, you may be entitled to surplus money from the foreclosure auction, and you may also be able to... View More
My home was foreclosed and sold and I never received a letter notifying me of the sale. The lady I spoke with from the attorney's office told me that a signature wasn't required for the letter and sent a receipt showing certified mail. The lady I spoke with at the post office said that... View More
answered on Aug 9, 2024
The foreclosure notice must be sent by certified or registered mail or overnight delivery with return receipt requested. As long as the notice was mailed in the proper manner to the appropriate party(ies) at the correct address, the lender does not need to prove the notice was actually received.... View More
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