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.

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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

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 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

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

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.

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 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

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

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

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

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.

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

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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

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

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

If your father was the only individual on the deed, then the home sale must go through probate. The probate process is designed to safeguard heirs such as yourself in this situation, where you can demand accounting, or object to your sister serving as the administrator. I recommend consulting... View More

If your sister was not a joint tenant with right of survivorship with your father, she cannot sell the property unilaterally. If the deed was in your father's name only, the administrator of your father's estate is the only person with authority to sell the property. Your first step in... View More

You would have to file an adverse possession lawsuit. You would need to show that your possession of the property was adverse, notorious, open, continuous, hostile, and exclusive. Any permissive use of the property in the past by the actual owner would undermine your claim. Adverse possession... View More

Yes, the tax commissioner can sell the property for past due taxes. If the sale has occurred, you still may be able to redeem the property by paying the past due amount plus interest, fees, etc. You may also be able to recover money from the tax sale. If a house was built on the property, the... View More