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Georgia Notary

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Posted - 06/21/2014 :  3:38:26 PM  Show Profile  Reply with Quote
It is a common problem in Georgia that borrowers hold title incorrectly as Husband and Wife. Under most circumstances when there is a long-term marriage, the couple should consider holding title as either tenants in common with rights of survivorship or joint tenants with rights of survivorship.

There are exceptions when one spouse is a spendthrift, has poor credit, high medical bills and situations where bankruptcy may be inevitable for that spouse.

Likewise, the parties may wish to not hold title in the names of both spouses when a spouse owned the property before marriage and wishes to have the property willed to children before marriage.

I have had too many widows and widowers tell me that they were emotionally stunned during the first two years after the loss of a spouse.

Vehicles are often best titled in both names and the same for checking accounts to avoid attorney's fees, court costs and financial and emotional turmoil.

Immediately after the security deed is recorded, many spouses elect to use a quit claim deed or warranty deed to transfer the property from themselves as Husband and Wife to themselves as joint tenants with rights of survivorship. The process is easy and can be performed with or without an attorney.
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