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Georgia Real Estate Law Questions & Answers
2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Q: Per our divorce decree my ex wife was suppose to sell or refinance the home under her name.

She has abandoned the home and moved out of state. My ex and I are both on the title however the loan is in my name. Can I get reclaim the home since she is in contempt? Can a judge order removal of an ex off the title?

Regina Irene Edwards
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Regina Irene Edwards
answered on Jul 23, 2018

You can file for contempt. Unless your divorce decree allows you to reclaim the home, then that remedy is not available. If the divorce does not mandate that she be removed from the title if she is in default, the judge cannot order that either. The judge cannot change the decree - just enforce... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: I assumed a mortgage loan from my mother's home in GA. She died intestate in 2012. What type of deed do I file?

I recently completed a loan assumption and modification on a property originally owned by my mother, who died intestate in 2012. I was the temporary Administrator of her estate which nad no value, until the estate was closed in 2013. I am unsure now, what type of deed to file with the county... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 19, 2018

You should prepare an Administrator's Deed transferring the home from your mother into your name. This assumes you have paid all debts of the estate and have paid all other heirs whatever their inheritance should be. Further, as temporary administrator, you have no authority to transfer real... Read more »

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: If a mother has passed away and leaves 50/50 to the son and daughter.can the sister got rent from him to buy her out
Regina Irene Edwards
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Regina Irene Edwards
answered on Jul 18, 2018

This isn't a family law questions. Try trusts and estates section.

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for Georgia on
Q: Do I have to pay back a government secured guarantee on a foreclosed house?
Timothy Denison
Timothy Denison
answered on Jul 4, 2018

Possibly, yes. Depends on the terms of the guarantee you signed.

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Georgia on
Q: My ex-husband and I purchased a home that I lived in 2 years after our divorce. Home was in his name only but it was

my primary residence for 4 years. We sold this year and he gave me 1/2 of the proceeds. How will I be taxed on this money according to real estate law?

John Espinosa
John Espinosa
answered on Jul 2, 2018

This is a question for your accountant.

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2 Answers | Asked in Divorce and Real Estate Law for Georgia on
Q: If I signed a quitclaim deed to my exspouse but my name is still on the mortgage can I resind the deed?

I was unrepresented in my divorce and requested to have my name removed from the mortgage within three years. With my mind in the wrong place and believing I could trust her to make the best decision for us as a family, none of my requests were placed in the decree. Now that I'm remarried and... Read more »

P. Justin Thrailkill
P. Justin Thrailkill
answered on Jun 6, 2018

You cannot modify property division at this point. Take your decree to an attorney and let them look at it to see if there is any way to accomplish what you are trying to do based on the language of the decree as written.

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1 Answer | Asked in Criminal Law and Real Estate Law for Georgia on
Q: how do you answer this question if you have a misdeameanor?

Have You or Any Person Who Will Be Occupying the Apt. Ever Been Convicted, Charged, Arrested, Indicted, Plead Guilty or No Contest, or Received Deferred Adjudication or Probation to (A) Any Felony? Or (B) Any Misdemeanor Involving a Sexual Offense, Stalking, Illegal Use or Possession of Weapons,... Read more »

David Edward Boyle
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David Edward Boyle
answered on May 28, 2018

You answer it truthfully. If the misdemeanor you were arrested for is not listed than you say no.

2 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for Georgia on
Q: Is a no Information/False Information of name, address or birthdate considered fraud?

Applying for an apartment and I keep getting denied for that misdemeanor. Am i filling out the application wrong is that charge considered fraud?

The question that is being asked:

Have You or Any Person Who Will Be Occupying the Apt. Ever Been Convicted, Charged, Arrested, Indicted,... Read more »

Gary Kollin
Gary Kollin
answered on May 27, 2018

Here are two sentences from an article found on the internet by googling the terms "fraud definition legal."

I am also providing you the link. This is not a definition according to Georgia statutory and case law.

"Fraud

A false representation of a matter of...
Read more »

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1 Answer | Asked in Contracts and Real Estate Law for Georgia on
Q: Do I need an Attorney

Should I have a Real Estate Attorney go with me to closing on a house that I am paying cash for?

John W. Chambers Jr
John W. Chambers Jr
answered on Apr 9, 2018

I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response... Read more »

3 Answers | Asked in Probate and Real Estate Law for Georgia on
Q: What do we do when my husband's name is on his mother's deed?

We have been living in my husband's family home for five years. His mother passed away two years ago. His father nine years. He is disabled and can not read. Recently, we have discovered that it is his name on the deeds along with his mother and not his father's. We were considering... Read more »

Ben F Meek III
Ben F Meek III
answered on Apr 4, 2018

I understand your situation to be this: Your husband and his late mother are the Grantees in the Deed to the property you both live in. If your husband and his mother are shown on the Deed as owning the property as "Joint Tenants with Right of Survivorship" or closely similar language,... Read more »

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1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: me and my brother would like to sell my mom home we inherited but my sister doesnt what can we do?

we inherited my mom home she had no will we appointed my aunt as administrator my brother and i had to move out of my mom home due to tge activity and behavior of my sister for the last 3 years she has been in the home not paying any rent just land tax once a year my brother and i are tired of not... Read more »

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Mar 30, 2018

You have to file a petition to partition in the superior court of the county where the house is located. This is a complicated petition and will probably require the services of an attorney.

1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: My deceased exhusband is on LLC, formed to purchase house. No will and son did not probate est. Can i sell house?

I lost my job and must sell house. I have an offer and need to close by 3/30. Divorce decree awarded house to me and I had forgotten LLC. Ex died in 2015. He was self employed and incurred IRS debt while married. Divorce also stated he agreed to pay IRS debt and he made payments until death. IRS... Read more »

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Mar 22, 2018

, you did not mention whether the title to the house is in the LLC. You said he formed the LLC for the purchase for the purpose of buying the house. The LLC owns the house you will need to probate your ex-husband's estate in order 2 remove the house from the LLC. To open his estate, you will... Read more »

2 Answers | Asked in Divorce, Real Estate Law and Probate for Georgia on
Q: If i didnt sign a quitclaim deed after divorce and he passes away what can i do?

We still had relationship until he passed and he paid my bills

P. Justin Thrailkill
P. Justin Thrailkill
answered on Mar 12, 2018

If the house was awarded to him in a divorce, his estate will have the ability to recover it from you. You need to see an attorney about this quickly to review this in more detail.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Sister is executor. Spending money out of estate to renovate deceased home before sale, Is this legal?

Should this have been approved by court. Also feel she wasnt honest with assets inventory and is hiding assets.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Feb 21, 2018

It happens. Is it legal? Maybe. You can file petition with court asking executor to prove it is necessary and good investment.

2 Answers | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Georgia on
Q: As beneficiary & turning in all pprwrk to mortgage co.they refuse to acknowledge me as new payor on mortgage.What now?

My son died 3 yrs ago, left me as beneficiary to leave his older brother his house to make pymts.The Finance Co.REFUSES to Acknowledges ...my Older Son(that house was left to) nor Myself to Even Discuss this? What do You Suggest??

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Feb 19, 2018

Who owns the house and who is responsible for payments on the house maybe two different people. When your son passed away, I assume he had a will. That will left his house to you for his brother it seems. I assume you have probated his will and the executor has retitled the home into your name or... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: Im in Atl, Ga. How do i find out if my sister left her house to someone besides her husband (separated) & adult children

My sister passed 4 years ago. She was separated from her husband. They jointly owned their main home. They have 2 kids that are adults that live there. Her husband has moved on and remarried.

She purchased a separate home (investment) next door to our mother in only her name. We (the... Read more »

John W. Chambers Jr
John W. Chambers Jr
answered on Feb 17, 2018

In Georgia, real property held by multiple persons as joint tenants with survivorship passes to the surviving owner (or owners) on the death of a joint owner. If real property is held in the name of one person, to whom the passes depends on whether or not the decedent had a will. If the decedent... Read more »

1 Answer | Asked in Intellectual Property, Estate Planning and Real Estate Law for Georgia on
Q: My granddad passed away in 2009, and so my mom has been paying his property tax every since, can she claim the land
Benton R Patterson III
Benton R Patterson III
answered on Feb 6, 2018

Paying property taxes alone is probably not sufficient to transfer title to the property. I recommend speaking with a local estate planning attorney.

1 Answer | Asked in Real Estate Law for Georgia on
Q: My daughter wants to deed land I deeded to her back to me. Does this require an attorney or can we file the documents?
Vincent Gallo
Vincent Gallo
answered on Feb 3, 2018

You do not legally need to retain an attorney provided that you know how to do it yourself correctly. So the question is do you know how to do it yourself correctly?

2 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for Georgia on
Q: How do I transfer ownership of my home to my adult son and keep living in it without the worry of being asked to leave?

Georgia home, no mortgage, want to alleviate my financial burdens,know my son wants to buy the house just can't qualify for it yet.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
answered on Jan 28, 2018

You have suggested two different things in your. The first is that you want to son to have your house and you want to make sure you will not be asked to leave.This is accomplished by signing a quit claim deed giving your house to your son. Then, enter into a contract with your son for you to have... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: State GA -My father and mother died over 35 years ago and left 80 acres. Do we need two estates to settled the estate?

There is two living siblings and 10 deceased siblings.

John W. Chambers Jr
John W. Chambers Jr
answered on Jan 18, 2018

At this point, it might not be necessary to have a probate proceeding for either estate. It might be possible to address the title issues by use of an "affidavit of descent." However, with 10 deceased children, preparation of such an affidavit could be quite complicated. You should... Read more »

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