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Smith Welch Webb & White Blog

Tuesday, May 6, 2014

How a Real Estate Attorney May Help with your Divorce

If your divorce involves the transfer of a house or land in the state of Georgia, you may benefit from consulting with a real estate attorney.  As a real estate attorney practicing in Lamar County, I have seen divorce settlements go wrong when the documentation regarding the property transfer was incomplete, incorrect, or missing entirely.

This situation can be especially complicated if both the husband and wife are on a mortgage, but the divorce states one party gets the house and the debt. The bank is under no obligation to release a party from its loan just because the divorce decree says so.

Unfortunately, many of these problems do not surface until years after the divorce. Sometimes, a party cannot be found to sign the necessary documents. But these problems can be avoided if the correct documentation is executed by a real estate attorney who can assist in finalizing the deeds and any other documents necessary to transfer the land and deal with the bank.

Generally, there must be a deed prepared and recorded to transfer property and to release a party from a mortgage. This is true even if the final divorce decree says that one of the parties is to receive the property.

Believe me, it's much better to take care of all of this at the time of the divorce when parties are ready to settle and sign then years later.  Save yourself the headache and discuss any property transfers with your divorce attorney – or a real estate attorney – today.

For more information on this topic, email Scott Mayfield at smayfield@smithwelchlaw.com or call him at 770-358-3630. Smith, Welch, Webb and White is recognized as a premier law firm throughout the state of Georgia. We have an uncompromising commitment to serving our clients and our community. Our team of experts routinely handles a wide range of legal matters, and will provide outstanding service for you, your family or your business.

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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