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17 Questions Answered
- Q. My mother is transfering property in banks county ga. to my brother and i . how does he transfer all ownership to me?
- A: He may execute a quitclaim deed transferring his interest to you. You will have to complete a Form PT-61 and present both the fully executed quitclaim deed and PT-61, along with a fee, to the real estate deed room in the Superior Court of the county where the property is situated.
- Q. What is the differents between a Quitclaim Deed and a Quiet Title Action
- A: A quitclaim deed is one of several real property conveyance documents. It allows one to convey property to another without guaranteeing free and clear title or without a warranty of title. Any and all liens on title remain on title after conveyance to new owner. A quiet title action is generally an equitable remedy awarded through the courts. The effect of such an action, if granted by a court, establishes an individual's right to ownership of real property against one or more adverse claimants.
- Q. What happens if ex-wife never filed quick claim deed and didnt refinance per court order.house going into foreclosure
- A: You may have grounds to file a contempt of court action against your ex-wife for failing to obey a court order. It is advisable to consult with an experienced attorney in this regard.
- Q. Am I obligated to pay a mortgage if my name is not on it
- A: No, you are not legally obligated to pay a mortgage if you did not sign a contract to do so. However, if you are in possession of the property that is the subject of the mortgage and no one is paying the monthly mortgage payment, you are subject to eviction upon foreclosure.
- Q. What are the first steps I need to do to obtain a divorce in Alabama. I have children and want custody. I have no money
- A: Given that you have minor children and you want custody, I strongly recommend that you find a way to raise funds to hire an attorney who would agree to take your case for a reduced fee or pro bono. At the very least, you should seek to have a 30-60 minute consultation with an experienced divorce attorney. If you absolutely have to go it alone, you must file a complaint for divorce in the county where you and your husband reside. Turn to the internet and research Alabama's requirements for filing a contested divorce action.
- Q. My husband has cheated on me now we are getting divorced. I have been paying most of his bills what rights do I have?
- A: Your question is difficult to answer as presented. You need to provide more information and be more specific about what you want from the marriage. Do you and your husband have minor children together? Do you own real estate? Are you and your husband employed? Do you have significant marital assets?
- Q. I need to file chapter 7. I no longer have a job and owe $12k in a charge card. How much would that cost?
- A: The cost for filing a Chapter 7 bankruptcy generally ranges between $1,000 and $1,500 depending on a debtor's circumstances. In addition, a potential filer may be required to pay separately for credit counseling and debtor education. These costs are all over the place but generally do not exceed $50.00 per course.
- Q. If I file for chapter 7, will I lose my life insurance policy?
- A: No. However, you may be required to disclose your cash surrender value as a personal asset. You should consult with an experienced bankruptcy attorney regarding possible exemptions in this regard.
- Q. Does signing an acknowledgement of service and waiver of venue for divorce obligate me in any way.
- A: By signing an acknowledgment of service and waiver of venue, you (1) confirm that you have received service of process, which is a required action in successfully bringing a lawsuit, (2) avoid the need for a sheriff or other court-approved process server to come to your home or work place to "serve" you with a copy of the complaint against you and a court summons, and (3) waive your right to have the suit or hearing take place in your county of legal residence.
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