I put my daughter on the deed of my condominium along with my wife. I quitclaimed my interest to the daughter. She is 16, straight A's, extremely smart, aware, mature, etc. Now, unexpectedly, we have a buyer for the condo. Their lawyer says my daughter must be gotten off the deed to provide clear title, and that I must get a guardian ad litem appointed for her in order to accomplish this. (1) Is there no other, easier way to do it? E.g., petitioning a court to permit her (after seeing first-hand how absolutely adult she is in every way except the 2 years left, and hearing our situation from her, me, and my wife) to quitclaim back to me or to her mother in order to permit the sale? If not, then (2) how long should the guardian appointment and approval process take?
I do not believe that a minor child can own real estate in GA, no matter how "mature" or smart they may be, unless the child is emancipated. You need to consult with your own real estate attorney. Use the Find a Lawyer tab and search for local real estate lawyers in your area and call them.
A deed is a contract and when a minor enters into a contract, she can repudiate it once she reaches 18 YOA. That is why you can't simply have her sign the property over to you or the buyer - she can void the conveyance a few years from now. You will need to be appointed as the guardian of her property. You can probably do this yourself through the Probate Court in the county where you both reside, using a Georgia Uniform Probate Court Form (comes with instructions) provided by the court. The court will give you permission to sign away her interest (and may require you to put a portion of the net proceeds into a trust account for her benefit). The process is not lengthy, although it probably varies from county to county depending on the case load. Expect at least 30-60 days to accomplish it. Get an open ended extension for the closing date if you can to cover the time it takes to get this done. Or look for a probate attorney on the Find a Lawyer function on this site.
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