In some Gwinnett County divorce cases one party is to transfer his or her interest in the marital residence to the other party as part of the terms of their settlement agreement. The party that is transferring his or her interest is known as the Grantor and the other party is known as the Grantee.
The QuitClaim Deed must contain the same legal description of the property as referenced in the Warranty Deed that was given to the parties when the marital residence was purchased. The Grantor must sign the Quitclaim Deed before one witness and a notary public.
Once the Grantee receives the QuitClaim Deed from the Grantor the Grantee must file the Deed with the real estate clerk of the Superior Court in the county in which the property is located. Thus, if the marital residence is located in Gwinnett County then the Deed is filed with the Gwinnett County Superior Court Real Estate Division which is located on the 1st floor of the Gwinnett County courthouse located at 75 Langley Drive, Lawrenceville, Georgia. There is a $10.00 filing fee that is to be paid to the clerk when the Quit Claim Deed is filed (if the Deed is more than one page there will be an additional cost).
The Grantor must also file a PT-61 Real Estate Transfer Tax Form along with the QuitClaim Deed. The Clerk will file in the QuitClaim Deed and the original Deed will be sent to the Grantee or the Grantee’s attorney once the clerk’s office has processed the Deed. Once the Grantee receives the original Quitclaim Deed back from the clerk the Grantee ought to keep it is a safe and secure location.
If you or a family member or a friend have any questions about a divorce or domestic relations case in Gwinnett County, or in any other County in the metro-Atlanta area including Cobb, Dekalb, Fulton, Walton, Barrow, Hall and Forsyth counties, then please do not hesitate to immediately contact attorney Doug Lewis for a free initial telephone consultation.
Lawrenceville Divorce and Domestic Relations Lawyer Douglas W. Lewis has over twenty years of experience in Gwinnett County and the Atlanta Metro area handling divorce, legitimation, paternity and child custody cases, family law cases, personal injury cases, criminal defense, civil litigation cases and estate planning matters. If you have any questions please call the Lawrenceville office for a free initial phone consultation or to schedule an office consultation. You can contact attorney Doug Lewis via email. Client reviews can be found on Mr. Lewis’ Google page, Avvo page, and on his website.
Other resources:
The Importance of Due Diligence in Conveyancing
What to Expect During the Property Transaction