Posted on: 03rd Feb, 2007 08:02 am
can you sign over the rights to a property or house if it is still financed and no clear title is available. I am specifically interested in the laws to this in the State of Georgia. My ex son in law bougth a house and has it financed by two type loans and did a quick deed over to his girlfriend. My daughter is being taken to court for custody and we need to know if this is legal. He says the house is his girlfriends, but the mortgage and taxes are in his name.
If there is a mortgage on the property and ownership is transferred to some other person then lender's permission is required for such transfer otherwise he can call the loan due.
Kelly Osbourne
Kelly Osbourne
Hi Belotti,
As per laws prevalent in Georgia, both husband and wife have equitable interest in all the property acquired in marriage. But the consideration of equitable interest does not appear until divorce is filed by any one party. Thus a spouse can transfer his property to any other person during the course of their marriage.
In case property is transferred after the divorce is filed the other spouse will be able to claim his/her equitable interest in that property despite of it being transferred to some one else.
David
As per laws prevalent in Georgia, both husband and wife have equitable interest in all the property acquired in marriage. But the consideration of equitable interest does not appear until divorce is filed by any one party. Thus a spouse can transfer his property to any other person during the course of their marriage.
In case property is transferred after the divorce is filed the other spouse will be able to claim his/her equitable interest in that property despite of it being transferred to some one else.
David
But in addition to what David has said, at the time of divorce the courts also determine what would be fair and equitable distribution of all the assets. And it may consider any wrong conduct by any of the parties with regard to reduction or delebrate breaking up of property or assets by either of the parties.
The court may take the transfer of house by ex son in law to his girl friend as an unfair property transfer causing reduction in his wife’s claim over it and cancel such transfer.
The court may take the transfer of house by ex son in law to his girl friend as an unfair property transfer causing reduction in his wife’s claim over it and cancel such transfer.
hi belotti,
welcome to our forums.
using a quit claim deed, a person can transfer his percentage of interest in the property to anyone but the mortgage remains in his name. this can be done in any state. but i don't understand why your daughter is taken to court for custody? and, even if the ex son-in-law has signed a quit claim, he should have done it with the consent and/or signature of your daughter.
i am not a legal professional but i don't think this is legal. you should immediately consult an attorney and explain your situation.
thanks,
caron.
welcome to our forums.
using a quit claim deed, a person can transfer his percentage of interest in the property to anyone but the mortgage remains in his name. this can be done in any state. but i don't understand why your daughter is taken to court for custody? and, even if the ex son-in-law has signed a quit claim, he should have done it with the consent and/or signature of your daughter.
i am not a legal professional but i don't think this is legal. you should immediately consult an attorney and explain your situation.
thanks,
caron.