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#740176 - 01/10/12 10:06 PM Re: Quit Claim Deed questions [Re: Renny]
marissa07 Offline

recently joined

Registered: 01/09/12
Posts: 10
Renny, what you said makes a lot of sense. Thank you!

Currently all utilities (electricity, gas, water, cell phone etc) are under my name only and I understand I will need to either transfer those accounts to my husband, or ask utility companies to close our current accounts and open new ones under his name only. Do I list any of this on either SA or Complaint?

I was looking at Instructions (legalaid-ga.org/documents/clusters/GA/163/English/Instructions%20for%20Complaint%20without%20Children.pdf) and I noticed that in addition to forms you listed in one of your replies above, it says I need to fill out...

(1) Summons (gwinnettcourts.com/documents/Filing//d0000233.pdf)
-- I don't think I need it since he will sign Acknowledgment of Service, Consent to Jurisdiction and Venue and Consent to Present Case. (BTW, when you said "Acknowledgment of service and waivers", you meant "Acknowledgment of Service, Consent to Jurisdiction and Venue and Consent to Present Case", right?)

(2) Domestic Relations Financial Affidavit (legalaid-ga.org/documents/clusters/GA/163/English/Financial%20Affidavit.pdf)

-- It's a very long document with a lot of details needed to be filled out and some of terms are confusing. Is this form necessary?

Thank you Renny!!


Edited by marissa07 (01/10/12 10:09 PM)

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#740177 - 01/10/12 11:06 PM Re: Quit Claim Deed questions [Re: marissa07]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
Hi --

Here's a clause you can use:Wife shall cooperate with Husband in facilitating the transfer of all service accounts related to maintenance of the Marital Residence (i.e., power/electric, garbage, cable, water, telephone, natural gas, security system, etc.) in order to enable the Husband to establish those services in his own name. Husband shall indemnify and hold Wife harmless from all Residence-related expenses.

(1) Right.

(2) No need for the FA. You could add this clause in the property section: "Both parties warrant and agree that each is unaware of any other marital property or marital interest in property that remains to be divided between them except as provided in this Agreement. Both parties further warrant and agree that each has fully disclosed any and all assets to the other and that all marital assets have been considered in formulating the provisions set out in this section of this Agreement."

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#740178 - 01/10/12 11:28 PM Re: Quit Claim Deed questions [Re: Renny]
marissa07 Offline

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Registered: 01/09/12
Posts: 10
Wow, thanks so much! Again, I can't thank you enough for all this help.

I may be out of line to ask you this, but are you working in a legal industry, Renny? Just a wild guess. ;-) You seem very knowledgeable in legal terms etc.

Under "Marital Home" on SA, should I also mention that I will be signing QCD to hand over my interest in the house?

As for QCD I asked about in my original post, can I use ANY QCD form I find online? I was searching for free ones a while, but ran across a comment from some people that have experienced with both free and paid ones, and recommended to pay a little to purchase paid ones. What do you think?

I found a following link which provides Gwinnett county QCD (quitclaimdeed.com/forms/county-forms.html?state=Georgia&amp;county=Gwinnett&amp;stateid=688599&amp;countyid=949964). Any thought?

Thank you again!!!

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#740179 - 01/11/12 12:38 AM Re: Quit Claim Deed questions [Re: marissa07]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
Yes, under marital home on the SA you should describe what you will do with the house. Something like: " Husband shall refinance the mortgage in his name alone not later than _________. Upon said refinancing, Wife shall execute a Quit-Claim Deed transferring all her right, title and interest to the Residence to the Husband. In consideration thereof, Husband shall remove wife from the chain of title and shall relieve Wife from all debts and obligations related to the Marital Residence, and shall hold Wife harmless from any debts, mortgages, claims, expenses and obligations of any kind related to the Marital Residence. The parties shall not encumber the Residence with any additional debt so long as Wife's name is on the deed to the Residence." As you can see, you nevever say enough and the forms are limited.

I can't see the QCD form on line without jumping through hoops. It should be OK. BTW, I found this thread here with your questions and my answers online googling QCD. Add this line if it isn't in the QCD:

PURPOSE: The purpose of this Quit-Claim Deed is pursuant to a divorce in the Superior Court of Gwinnett County styled ______________ v. ______________, Superior Court of Gwinnett - Civil Action File No. ____________.

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#740180 - 01/11/12 01:21 AM Re: Quit Claim Deed questions [Re: Renny]
marissa07 Offline

recently joined

Registered: 01/09/12
Posts: 10
Renny, all these clauses you've provided me with sound great! Thanks so much! There doesn't seem to be enough space on the SA - should I write these in a separate paper and attach to the SA?

I mentioned this in my original post, but I'm on very good terms with my husband and I would like for him to avoid any tax implications resulting from handing over my interest to him. I hear that a transfer deed resulting from a divorce would exempt you from any tax implications. Is that true? Should my husband not worry about it next year when filing for 2012 tax returns?

Thank you!!

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#740181 - 01/11/12 02:05 AM Re: Quit Claim Deed questions [Re: marissa07]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
You can add pages to the form. If you do, I would append whole sections, like the marital residence as Annex 1,2 3etc.

The transfers in a divorce are tax free.

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#740182 - 01/11/12 02:48 AM Re: Quit Claim Deed questions [Re: Renny]
marissa07 Offline

recently joined

Registered: 01/09/12
Posts: 10
Thank you Renny!


(1) Please excuse me for sounding dumb, but could you elaborate how I should append whole sections?
Do I go like this:

"Marital Home - Please see Annexes on an attached page"

and on an attached paper: "Annex 1: (explain about refinancing and Quit claim deed)"
"Annex 2: (explain about transfer of utilities etc)"

(2) As for when to sign QCD, usually how do refinancing and QCD occur? At the same time, or refinancing first and then QCD?
I understand there is a huge difference between a signed QCD and a filed QCD, and does a mortgage lender usually require a signed QCD and hold onto it until refinancing is over?
If a lender requests that QCD be signed and filed BEFORE even starting a refinancing process, should I be skeptical and request for both to be done at the same time (perhaps just sign QCD, but do not file until refinancing is complete)?

(3) My name on a title (Jane Smith) and my current name (Jane Walter) are different. To avoid any issue/confusion, should I put my name on QCD like this: Jane Walter formerly known as Jane Smith

(4) As you advised, I will be sure to put in my QCD that the purpose of it is pursuant to a divorce. When filing a QCD at a court, should I submit a copy of a divorce decree along with it just to be safe?

Thank you as always!!!

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#740183 - 01/11/12 03:07 PM Re: Quit Claim Deed questions [Re: marissa07]
Renny Offline

addict

Registered: 09/24/11
Posts: 479
In (1) Marital Home, after the decription box, ... shall be conveyed to Husband by Quit Claim Deed as described in Annex 1, attached hereto and incorporated herein by reference.

First refinance, then sign the QCD and record the same day you get the decree. Mortgage lender should not care.

Use the name you originally used in the title.

QCD should be filed w/o the SA.

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#740184 - 01/11/12 04:47 PM Re: Quit Claim Deed questions [Re: Renny]
marissa07 Offline

recently joined

Registered: 01/09/12
Posts: 10
Thank you Renny again so much! I really appreciate all your help!

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