Hi, I'm in the process of finding out how to proceed with a quit claim on a piece of residential property that I purchased in my name only, but after I married my husband. We live in GA (and in the house in question). My understanding is that since I purchased the house after we married, and since GA is an equitable distribution state, the property is seen as being jointly owned, even though the deed is in my name alone. Is this correct?

Secondly, if indeed my husband has part ownership in the property, how do I word the quit claim document? Would there be 2 Grantors (both me and my husband) who grant ownership to one Grantee (me alone)? Or would I just need to show my husband as the Grantor and me as the Grantee? We aren't getting divorced, and do live together in the house; I just want to ensure that it's mine alone and he can't take advantage of being a partial "owner" of the house as I think the State of GA sees it. (He's had gambling problems in the past so I want to do this to protect this property as inheritance for our son.)

He would deed it to you in the divorce as part of the court order. It is already just in your name, his deed to you at this point does not change any issue.

You would still own it in only your name, and he would still be married to you, with the same rights as before.

You could deed it over to a trust perhaps, with him signing in agreement. If you are not divorcing him, it makes it harder. I would go to a local attorney to have them move it properly.

He would give you a deed from himself, as Grantor, to you, as Grantee, transferring all of his rights he may have to the property, including all rights he may have by marriage.

I suggest that you have this done by an attorney or title company since it is easy to mess up and once messed up, can be $$$ to fix.