[GA] What form is required in Georgia to transfer a jointly owned home into my name only, with my spouse’s consent, while the property still has an existing mortgage?

Lexi, Chatbot

I understand that you're going through a challenging time with your relationship and need to act quickly regarding your house. Have you already discussed the specifics of the transfer with your husband, such as how you will handle any financial implications?

Lexi, Chatbot

Are there any existing liens or mortgages on the property that need to be addressed during this transfer?

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your house transfer.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today. Please allow me a moment to review your question, and I will be right with you.

Charlie

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.
Which state do you live in?

Charlie

Understood. Is the home in both of your names currently?

Charlie

How long have you owned the home?

Charlie

Are you divorcing?

Charlie

Does your spouse agree to transfer the home solely to you?

Charlie

Is there a mortgage on the home?

Charlie

How much time is left on the mortgage?

Charlie

Understood! I think I have all the information I need, but is there anything else you’d like to add before I get started on your answer? If not, I’ll start working on a response for you right away.

Charlie

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

Charlie

Thank you for the details. Since you’re in Georgia and your husband agrees to transfer the house into your name only, here’s how it typically works:

Step 1: The Correct Form
The form you need is a Quitclaim Deed (or a Warranty Deed, depending on how clean you want the title transfer to be).
In Georgia, a Quitclaim Deed is the most common for spouses when one transfers ownership interest to the other.

Step 2: Prepare the Deed
The deed must include:

• The legal description of the property (from your existing deed).

• Names of both spouses (Grantor = husband, Grantee = you).

• The property address and parcel information.

• Signatures and notarization.

Georgia requires two witnesses:

• A notary public, and

• One unofficial witness.

Step 3: File the Deed
File the signed and notarized deed with the Clerk of Superior Court in the county where the property is located.
Pay the recording fee (usually around $25–$50).

Step 4: Mortgage Issue
Important: Transferring the deed does not remove your husband from the mortgage.
The lender still considers him legally responsible for the loan.
To remove him, you’d need to refinance the mortgage in your name only.

Step 5: Double-Check Title
If the property has been in your names jointly for 32 years, the title should be straightforward, but you may want a real estate attorney to review and ensure no hidden issues (like liens).

Summary:
You need a Quitclaim Deed in Georgia, signed by your husband, notarized, and filed with the Clerk of Superior Court. This transfers ownership into your name. But to remove him from the mortgage, you’ll need to refinance.

I hope that helps!

If at any time you need an attorney to assist you, you can find a local attorney by contacting your local bar association and asking for a referral to one. You can also contact your local legal aid society, as they offer free and low-cost services in these cases. Another good resource is to contact your local law schools, as they often have clinics with attorneys that will assist in these types of cases.

My ultimate goal during our conversation is to ensure that you clearly understand the next steps to take in this matter. Please let me know if you need any clarification on the next steps or have any follow-up questions, as I will be very happy to assist you further.

Charlie

You are very welcome!
I am very glad to help.
Is there anything else I can help you with today?

Charlie

You are welcome.
I wish you the best.
Have a great day!