Legal Question in Real Estate Law in Georgia

Quit Claim Deed for Condominium

The condo association says I need a quit claim deed to allow my son to stay in the unit for a week or so if we are not there. I see that the usual quit claim is for all/any interest not granting partial. What instrument do I use?


Asked on 3/05/09, 10:21 am

3 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Quit Claim Deed for Condominium

I'd suggest checking with the condo association again-this seems a totally unreasonable requirement if they are serious.

A quitclaim is a conveyance of the property, and would be a serious problem for you if your son decided to keep it, or if your mortgage company got wind of it and decided to invoke a due on sale clause.

If they are serious, ask them for a sample document, and take it to a lawyer for an explanation and advice before signing it. Then organize your fellow condo owners to throw out the governing body of the association as soon as possible, and change the requirement.

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Answered on 3/05/09, 10:41 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Quit Claim Deed for Condominium

That sounds crazy to me. You can let anybody you want stay in property UNLESS there is some specific provision in your condo documents that says otherwise. Consult with a local attorney.

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Answered on 3/05/09, 10:56 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: Quit Claim Deed for Condominium

A lease (contract) is the document that you give to transfer a short term interest in real property. A lease does not transfer ownership but gives certain property rights. Consult with an attorney; if you own the property you should be able to let a family member stay there. I've never heard of this before.

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Answered on 3/05/09, 1:55 pm


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