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Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.
It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances. If a mortgage exists, it's best to work with the lender to make sure everyone on the title is protected.
A: The answer is yes, unless the other person has a will naming other heirs. If the person on the mortgage tries to sell the property, he/she cannot do it without you. Since your name is on the deed, you would have to agree unless you're willing to give the other person a quit claim deed, giving them full ownership.
Owners Appear on the Deed Under the law, all people listed on the property deed own the property. It doesn't matter what order they're listed in they're all owners. Conversely, if you're not on the deed, you don't own the property.
If you are on the deed, you are an owner of the house. An owner cannot be evicted or removed from the house, even by another owner. Your right to use, occupy, live in, etc.
Title Issues Adding a child's name to a deed gives him or her an ownership interest in your home. As a result, you cannot sell the home or refinance your mortgage without your child's permission. Technically speaking, your child could even sell his or her share of the property without your consent.
One has to be very careful about putting an adult child, or someone other than a spouse, as a joint owner because there are some serious potential disadvantages. In most cases, the child will not be eligible to claim the house as their principal residence. As a result, there may be potential income tax consequences.
By adding your child to title of your home during your life, he or she inherits your basis (the amount you paid) in the house. If, rather than adding your child to title, you kept the property until your death, and then through a trust, transferred the property to your child, he or she would pay no capital gains tax.
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