Land transfer

Alyse Reeves

New Member
Jurisdiction
Georgia
My fiance owns some land and wants to put half of it in my name. What is the easiest way to do this?
I was advised to use a quit claim? Is this correct? If so, what are the steps in doing so?
 
My fiance owns some land and wants to put half of it in my name. What is the easiest way to do this?
I was advised to use a quit claim? Is this correct? If so, what are the steps in doing so?

You and your friend should seek legal advice from a licensed attorney in or near the county in which you reside.

Soliciting free advice from strangers could end up being far more costly than paying an attorney a few hundred dollars.

From a common sense standpoint, GIFTING a FRIEND real estate isn't a financially sound practice.
 
My fiance owns some land and wants to put half of it in my name.

Which half? Also, why? Have you both fully considered the tax implications of the transfer?


What is the easiest way to do this?

There's only one way to do it: he'll have to execute a deed, which should then be filed/recorded with the local county clerk/recorder (whichever it is that's used in Georgia).


I was advised to use a quit claim?

Advised by whom? Did the person who gave you this advice offer any explanation as to why he/she thinks a quitclaim deed should be used?


Is this correct?

It's neither correct nor incorrect. A quitclaim deed is one type of deed that could be used, but it's not the only type.
 
Which half? Also, why? Have you both fully considered the tax implications of the transfer?

-The half with nothing on it. We are going to build a home on it, but have to show that I own it first.


There's only one way to do it: he'll have to execute a deed, which should then be filed/recorded with the local county clerk/recorder (whichever it is that's used in Georgia).
-Thank you.



Advised by whom? Did the person who gave you this advice offer any explanation as to why he/she thinks a quitclaim deed should be used?
-I called the county clerks office and that is what the representative told me. To file a PT61 quit claim? The information was not very clear.



It's neither correct nor incorrect. A quitclaim deed is one type of deed that could be used, but it's not the only type.
-Thank you.
 
You're welcome, but it would be useful if you answered the questions I asked.

I did. They are within your quotes.


Which half? Also, why? Have you both fully considered the tax implications of the transfer?

-The half with nothing on it. We are going to build a home on it, but have to show that I own it first.


There's only one way to do it: he'll have to execute a deed, which should then be filed/recorded with the local county clerk/recorder (whichever it is that's used in Georgia).
-Thank you.



Advised by whom? Did the person who gave you this advice offer any explanation as to why he/she thinks a quitclaim deed should be used?
-I called the county clerks office and that is what the representative told me. To file a PT61 quit claim? The information was not very clear.
 
Would it be easier for my husband to add me to his deed, or to transfer the deed to me completely? We are going to build a house on it. (The land is currently in his name, but the house will be in my name and I have to show ownership of the land before they can start building).
 
My fiance owns some land and wants to put half of it in my name.


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Would it be easier for my husband to add me to his deed, or to transfer the deed to me completely?


We are going to build a house on it. (The land is currently in his name, but the house will be in my name and I have to show ownership of the land before they can start building).



Hmmmm.....




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Would it be easier for my husband to add me to his deed, or to transfer the deed to me completely?

Your husband? You have both a husband and a fiancé?

In any event, there is no such thing as adding to an existing deed or transferring a deed. As I wrote already, there's only one way to do this: he'll have to execute a deed, which should then be filed/recorded with the local county clerk/recorder (whichever it is that's used in Georgia).


We are going to build a house on it. (The land is currently in his name, but the house will be in my name and I have to show ownership of the land before they can start building).

This makes no sense. Unless you're building a mobile home, there is no such thing as separate ownership between land and a house built on the land. The two of you (and especially your fiancé/husband) really ought to be conferring with a local attorney (especially if you want to subdivide the property).
 
Would it be easier for my husband to add me to his deed, or to transfer the deed to me completely? We are going to build a house on it. (The land is currently in his name, but the house will be in my name and I have to show ownership of the land before they can start building).

Why do you feel the need to finagle this? What are you trying to hide? Doing it this way can only turn into a nightmare.

My advice, for the two cents it's worth:

Step 1 - Get married.
Step 2 - THEN, have him deed the land from him to the two of you as joint owners.
Step 3 - THEN, the house you build on it belongs to both of you.
Step 4 - Live happily ever after.
 
Why do you feel the need to finagle this? What are you trying to hide? Doing it this way can only turn into a nightmare.

My advice, for the two cents it's worth:

Step 1 - Get married.
Step 2 - THEN, have him deed the land from him to the two of you as joint owners.
Step 3 - THEN, the house you build on it belongs to both of you.
Step 4 - Live happily ever after.


According to a previous OP response, they want to subdivide the land.
 
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