Banks County Quitclaim Deed (Interspousal) Form

Both people named in this Georgia quitclaim deed are married to each other. One spouse signs as Grantor and releases whatever right, title, and interest that spouse holds in the described land; the other spouse is named as Grantee and signs nothing. The form recites that single pairing and is laid out for filing with the superior court clerk of the Georgia county where the land sits.

Marriage moves no title in Georgia; an instrument does

Georgia keeps spouses' property separate. No community property regime exists here and no entireties estate in land; O.C.G.A. Section 53-1-3 did away with dower and curtesy, and O.C.G.A. Section 19-3-9 leaves each spouse's separate property in that spouse's own hands. A husband or wife therefore reaches the other's land records only through a signed and delivered instrument, which is why the interspousal deed, also searched as an interspousal transfer deed or quit claim deed, is a routine Georgia deed book entry. This one gives up an interest and promises nothing about it: no warranty is implied in any Georgia conveyance under O.C.G.A. Section 44-5-61, the deed states in capital letters that it carries none, and the receiving spouse takes subject to every security deed, lien, easement, and unpaid tax already burdening the parcel. No statutory form governs (O.C.G.A. Section 44-5-33), so the release words, the habendum, and that disclaimer carry the legal load.

One grantor, one witness, one attestation

Reciting one Grantor and one Grantee, the deed carries a single execution set: a signature block for the transferring spouse, a labeled unofficial witness block, and one officer certificate captioned as an attestation. O.C.G.A. Section 44-5-30 has the maker's signature attested by an officer from the O.C.G.A. Section 44-2-15 list, usually a notary public, and by a second person, the unofficial witness. Nothing asks the Grantee to sign, since a spouse receiving a release is not making the deed. Three record situations produce the pairing: a couple gathers a jointly titled residence into one name, a house standing in one spouse's name alone moves to the other, and property terms settled in a divorce are carried out by deed. Where the spouses held as tenants in common, the co-ownership default under O.C.G.A. Section 44-6-120, the release moves the Grantor's undivided share and the whole title collects in the Grantee.

Where divorce timing touches the deed

Once a divorce petition is filed, O.C.G.A. Section 19-5-7 provides that a transfer by either party, other than a bona fide transfer paying preexisting debts, does not pass title in a way that avoids vesting under the final verdict, and it leaves title to real property untouched by the filing itself unless a lis pendens notice under O.C.G.A. Section 44-14-610 is filed and recorded. Where a divorce case disposes of property, O.C.G.A. Section 19-5-13 leaves the court to carry that disposition into effect. O.C.G.A. Section 19-3-10 lets married people contract, then puts the burden on the spouses to show a transaction between them was fair when a creditor of either attacks it as fraudulent.

What the clerk needs, and what the tax form says

A Georgia deed of conveyance reaches the counter alongside a PT-61 real estate transfer tax filing prepared in the state clerks' authority system, with the tax certified before the instrument goes on record (O.C.G.A. Section 48-6-4). Transfers between spouses frequently owe nothing: subsection (a)(2) of O.C.G.A. Section 48-6-2 exempts a deed of gift, and subsection (a)(5) exempts any transfer of real estate between a husband and wife in connection with a divorce case, the exemption claimed in the completed example. Subsection (b) still calls for the total consideration to appear on that form. Filing costs twenty five dollars anywhere in the state (O.C.G.A. Section 15-6-77). From January 1, 2025, a spouse who brings the deed to the clerk personally files it electronically and clears an identity check with a government-issued ID. Page one holds its top three inches open for the clerk (O.C.G.A. Section 15-6-61(a)(10)), then begins with the return-to name and address O.C.G.A. Section 44-2-14(b) puts there, followed by a parcel line answering the DeKalb County first-page rule.

Three files come with the purchase: the blank interspousal quitclaim deed as a fillable PDF, a completed example prepared for a fictional Richmond County transfer between spouses whose divorce is pending, and a plain language guide covering each numbered section, the attestation formalities, the title the Grantee ends up holding, and the filing steps. These materials describe Georgia law in general terms and are not legal advice.