Legal Question in Wills and Trusts in Georgia

My girlfriend was living with me when i purchased my home. I put her name on the deeds to the house. She moved out two months ago,and wont remove her name. What do or can I do? She was not employed and made no morgage payments.


Asked on 3/29/11, 1:35 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You gave her half of your house (for whatever misguided reason). Why should she give it back? Buy her interest from her.

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Answered on 3/29/11, 1:39 pm

This is a real estate question, not a probate question, and you should consult with a real estate attorney. Never ever do anything like this again if you are not married to the person unless you have a domestic partnership agreement in place. And even if you have such an agreement, don't stick the other other party's name on things like cars or land unless you really want them to have it.

You made a gift of half of your property to the now ex-girlfriend regardless of whether she made a payment or not. How much equity is there in the property? Equity is the difference between what the land is worth minus any loans (like a mortgage note) on the property. Offer to buy out her half of the property and see if she will sign voluntarily.

If not, I would see a real estate lawyer and talk to him or her about bringing a partition action as you cannot even sell the property without her signature. If she is unemployed then she has no money for an attorney and will not be able to put up much of a fight. This is not a case for Legal Aid and there is no court appointed lawyers for something like this. It might cost you a bit, but it will be worth it.

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Answered on 3/29/11, 2:51 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

She owns half the house. You can't change that. With a lawyer you can have a court force a a sale but she gets half the money.

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Answered on 3/29/11, 2:57 pm


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