Legal Question in Real Estate Law in Georgia

My brother & I are joint owners of property in Union Co, GA. He wants me to buy him out of his half. Is all that's needed for this transaction a quitclaim deed & transfer of money before a notary? If not, what else is required? Thank you.

Asked on 4/11/13, 5:11 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Your brother will need to file a Form PT-61 with the Union County land records office and pay the fee. When you execute the quitclaim deed, you must do so before a notary AND another witness (preferably an independent witness). Your brother will also want to record the deed in the land records office. Best advice - Hire a lawyer for a few hundred dollars and have it done for you and right the first time. Regards,

The above is for informational purposes only and does not create an attorney client privilege.

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Answered on 4/11/13, 5:26 pm

Glen Ashman Ashman Law Office

The deed needs two witnesses (not just one). You also need a PT-61, recording fees and real estate transfer taxes. And of course the deed needs to be properly worded.

If there is money owing on the property, a deed may cause the lender to foreclose.

Since a lawyer can do this very cheaply, don't chance a problem.

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Answered on 4/11/13, 5:29 pm

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