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Home Q&A Forum Can a quitclaim deed be used to transfer ownership of a property without the consent of all parties involved?

Real Property

Quitclaim Deed

Georgia

Asked on Jun 8, 2024

Can a quitclaim deed be used to transfer ownership of a property without the consent of all parties involved?

I recently discovered that my ex-spouse, without my knowledge or consent, used a quitclaim deed to transfer our jointly owned property solely into their name. We had agreed to sell the property and split the proceeds, but they have now refused to do so, claiming full ownership. I would like to know if a quitclaim deed can be valid in this situation and if I have any legal recourse to regain my share of the property.

1 Attorney answer

Answer

Real Property

Georgia

Answered 2 days ago

Jon F.

ContractsCounsel verified

Business Lawyer
Licensed in Georgia
Free Consultation

No. You would need to have every owner sign away on their ownership. There is no way to divest people of their property without them knowing absent some kind of fraud. The quitclaim deed doing what you described in the way you described it can be challenged and should be challenged successfully.

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