A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.
A quitclaim deed is a simple tool for transferring interest in a property without guaranteeing that the grantor has valid ownership. It's most commonly used in non-sale situations, such as transfers between family members, or to update or clarify ownership titles.
There are only a few steps that are required: The two parties would fill out a deed that includes certain basic information about the parties, properties, and transaction. Both parties would sign the deed and have it notarized. The quitclaim deed is then filed with the local county clerk's office.
An installment contract is a single contract that is completed by a series of performances –such as payments, performances of a service, or delivery of goods–rather than being performed all at one time. Installment contracts can provide that installments are to be performed by either one or both parties .
Deed must be attested, acknowledged, or proven by affidavit. - To admit a deed to record, it must be a perfect deed. It must be attested by two witnesses. It must be attested or acknowledged, if executed in this state, as provided in former Civil Code 1910, § 4202 (see O.C.G.A.
Or through the county tax assessor's. Office After completing the form both parties must sign it inMoreOr through the county tax assessor's. Office After completing the form both parties must sign it in the presence of a notary. Public Notoriization is crucial as it validates the document.
A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal. Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information.
The different forms of breach of contract as well as remedies for breach of contract will also be briefly discussed. A contract will only be legally binding upon the contracting parties if the following requirements are complied with: consensus, contractual capacity, certainty, possibility, legality and formalities.
4 Essential Elements of a Georgia Real Estate Contract Mutual agreement or assent between the parties to enter the contract. A valid offer by the buyer and acceptance of the offer by the seller. Adequate consideration which is the exchange of items of value. A legal purpose and legally competent parties.