Information about deeds, title, and property ownership
Every state is slightly different in its laws regarding property ownership. Knowing the basics of property law generally in the United States can go a long way. However, as you buy and sell properties in a state, knowing that market’s specific laws and preferences can help to set expectations and make your transactions move forward more smoothly.
In this article, we walk through some of the key ownership considerations in Georgia.
Georgia recognizes three basic types of ownership: sole ownership, joint tenants, and tenants in common.
Sole Ownership in Georgia
In this type of ownership, one individual or entity owns the property completely with no other tenants. Georgia does not recognize community property or homestead, meaning that either spouse can buy, sell, or own property without involvement of the other spouse.
Joint Tenants in Georgia
Georgia recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities. In particular, joint tenancies with right of survivorship involve all parties having equal ownership and the right to assume another owner’s interest in the event the other owner dies.
Tenancy in Common in Georgia
Georgia also recognizes tenancy in common as a form of co-ownership. Tenancy in common allows multiple owners to own title in a property, but rather than owning equally, the owners can set varying ownership percentages. For example, one owner could own 51% of the property, with the other owning 49%. Additionally, an owner’s share would pass to the owner’s heirs upon death, rather than passing to the other tenants in common.
The most common deed forms in Georgia are warranty deeds and limited warranty deeds. Warranty deeds provide protection in the form of a warranty by the seller that guarantees no issues with the title. Limited warranty deeds provide protection, but the guarantee is limited to the time period that the seller actually owned the property.
Quitclaim deeds are available, but not insurable without local underwriting approval in Georgia.
Knowing how a property is typically conveyed in a state, and what types of ownership are available for the title can go a long way to ensuring a smooth transaction.
Fortunately, Georgia is a straightforward common law state. Understanding the basics will go a longer way in Georgia than other states, especially when it comes to marital ownership.
*The information provided on this site does not, and is not intended to, constitute legal, financial, tax, or real estate advice. Please consult your expert for advice in those areas. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Although Peak Title Professionals, provides information it believes to be accurate, Peak Title Professionals, makes no representations or warranties about the accuracy or completeness of the information contained on this site. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.
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