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My brother had a child with a woman. He purchased a home in GA and because he thought that he was going to be with his child's mother forever he later had her put on the title of the home however he is still totally responsible for the mortgage. Now he is in a situation where he does not want to be with his child's mother and he wants to remove her from the deed. Does he absolutely need to fill out a quitclaim deed and have her sign it? If so, what happens if she refuses to sign it? Will he definitely have to take her to court and if so, what rights does he have in the whole matter?

sara · Posted: Wed Nov 11, 2009 2:17 am Post subject:

Hi ATL Shell,

The wife will have to sign a quitclaim deed and transfer the property to your brother. If the wife refuses to sign the deed, then your brother will not be able to force her for it. She will remain the owner of the property.

Your brother may try to buy her out by offering her a certain a amount of money. If she is not ready for it, then he may file a partition lawsuit. The court will check out the details and sell off the property. The mortgage due on the property would be paid off first and the rest, if any, would be divided amongst both of them.

Take care.

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