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[GA] Should my sister-in-law use the phrase “love and affection” on a quitclaim deed, or is a token amount required?

The home in question has a Property Deed in the names of my wife and her sister. The sister (my sister-in-law) is going to transfer all her interests in the home to me without stipulating any monetary value using a Quit Claim Deed. Should she use the reason for transferring the property to me use the phrasing, "for love and affection?" Or should the Quit Claim Deed have a token value of say $10.00?

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Legal Eagle
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For a quit claim deed in Georgia, it is common to use either "for love and affection" or a nominal value like $10 as consideration, with both being accepted by local clerks for transfers between family members. The main purpose is to show the transfer is voluntary and legally supported, as either phrase or a token value typically allows the deed to be recorded without issues.

Georgia often requires stating some form of consideration for recording, but there is no requirement that it reflect actual sale value in family scenarios. You should confirm with the Carroll County clerk whether they prefer either phrase, but both options are straightforward in your situation, supporting a smooth transfer into your names and avoiding unnecessary complications.

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Georgia Quit Claim Deed

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The home in question has a Property Deed in the names of my wife and her sister. The sister (my sister-in-law) is going to transfer all her interests in the home to me without stipulating any monetary value using a Quit Claim Deed. Should she use the reason for transferring the property to me use the phrasing, "for love and affection?" Or should the Quit Claim Deed have a token value of say $10.00?

Lexi

Lexi, Chatbot

I understand that dealing with a Quit Claim Deed can be quite complex. Are you currently involved in a property transfer or dispute related to this deed?

Yes, my sister-in-law wants to transfer her ownership and interests to me. That would result in the home having just me and my wife on the property deed. I'll wait.

Legal Eagle

Legal Eagle

Hello, I’m Legal Eagle. I’m an attorney who works in your area of law and I’ll help you sort this out today. I’ve read what you shared, so let’s go over what’s happening and what your best next steps look like. Is the property located in a state that requires documentary transfer tax or recording fees based on the stated value of the transfer?

The home is in Georgia and Carroll County and city of Carrollton. I think that the state requires a stated value. But I'm not for sure.

Legal Eagle

Legal Eagle

Thanks for sharing that information. Is there currently a mortgage or any liens on the property? This can affect how the transfer is handled.

No mortgage, no liens, no one else on the deed, only my wife and her sister. The house is a family home and my wife is the last one to have title to the home.

Legal Eagle

Legal Eagle

Got it, thanks for clarifying that. Are there any specific concerns or goals you have in mind for this transfer, like minimizing taxes or ensuring a smooth legal process?

I want a smooth legal process and I don't want the house to end up in probate. My wife and I have a Trust that we will add to the deed after resolving the Quit Claim Deed.

Legal Eagle

Legal Eagle

Ok! Did you need to tell me anything else? If not, I can start with answering your question. So I haven't heard back from you in a while on this, which is no big deal! Without the information I asked for in my request, I can only give you this general answer:

Legal Eagle

Legal Eagle

For a quit claim deed in Georgia, it is common to use either "for love and affection" or a nominal value like $10 as consideration, with both being accepted by local clerks for transfers between family members. The main purpose is to show the transfer is voluntary and legally supported, as either phrase or a token value typically allows the deed to be recorded without issues.

Georgia often requires stating some form of consideration for recording, but there is no requirement that it reflect actual sale value in family scenarios. You should confirm with the Carroll County clerk whether they prefer either phrase, but both options are straightforward in your situation, supporting a smooth transfer into your names and avoiding unnecessary complications.

Legal Eagle

Legal Eagle

Hello! I want to make sure I fully answered all your questions and that you feel completely supported. Your feedback truly helps us continue providing great service. If there's anything else I can clarify, I'm here for you!

Legal Eagle

Legal Eagle

128,690 satisfied customers

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