[GA] When using a quitclaim deed to add my spouse for homestead purposes, can I list both of us as grantees?

Lexi, Chatbot

I understand you're looking to add your spouse to the deed, which is an important step for homestead purposes. Can you confirm if both you and your spouse are currently on the title of the property?

Lexi, Chatbot

Have you already reviewed your state’s laws regarding quitclaim deeds?

Queeneth E. Esq

Hello, my name is Queeneth. I am an attorney with over 8 years of legal experience, and I will do my best to assist you today. Kindly note that this conversation does not establish an attorney-client relationship.

Queeneth E. Esq

Thank you for your patience.

Queeneth E. Esq

Yes — you may list your spouse’s name along with yours as the grantee.

Because you are currently the sole owner, you will be the Grantor (the person conveying the property), and the Grantee will be both you and your spouse together. This is the standard method for adding a co-owner while retaining your own ownership interest.

How the Grantee Line Should Read

A typical format in Georgia would be:

“John A. Smith and Mary B. Smith, as joint tenants with right of survivorship.”

So the deed would reflect:

• Grantor: John A. Smith
• Grantee: John A. Smith and Mary B. Smith, as joint tenants with right of survivorship

Under O.C.G.A. § 44-6-190, Georgia allows joint tenancy with right of survivorship when it is clearly expressed in the deed. The survivorship language must be explicit; otherwise, the ownership defaults to tenants in common.

How Title Is Held in Georgia

Georgia does not recognize tenancy by the entirety between spouses. The two primary options are:

Joint Tenancy with Right of Survivorship (JTWROS)
If one spouse dies, the surviving spouse automatically owns the entire property by operation of law. This is typically preferred for married couples who want automatic survivorship.

Tenants in Common
Each spouse owns a separate fractional interest that passes through their estate at death. This is less common between spouses unless there is a specific estate-planning reason.

For most married couples seeking survivorship protection, joint tenancy with right of survivorship is appropriate.

Homestead Considerations

In Georgia, homestead exemption eligibility is tied to ownership and residency. While requirements vary slightly by county, the individual claiming the homestead exemption generally must be reflected in the property records. Adding your spouse to the deed can help ensure compliance with county tax assessor requirements if she will remain living in the home.

Georgia Recording Requirements

Under O.C.G.A. § 44-2-21, a deed must:

• Be signed by the Grantor,
• Be attested or acknowledged before a notary public, and
• Have one additional unofficial witness.

After execution:

• Record the deed with the Clerk of Superior Court in the county where the property is located.
• Complete the PT-61 Real Estate Transfer Tax Form online through the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) website.
• Notify the County Tax Assessor so homestead records can be updated.

Practical Notes

A quitclaim deed transfers whatever interest you currently hold, without warranties of title. If there is an existing mortgage, review your loan documents. While federal law under the Garn–St. Germain Depository Institutions Act (12 U.S.C. § 1701j-3(d)) generally prevents enforcement of a due-on-sale clause when property is transferred to a spouse, it is still prudent to confirm with your lender.

Once recorded, retain a certified copy of the deed for your records.

Queeneth E. Esq

You're very welcome. I'm happy I could assist you today. I wish you and your family all the best with your relocation and the homestead update.