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First, while real property can be conveyed directly to a minor, property owned by a minor cannot be sold, mortgage or otherwise encumbered without the appointment of a guardian through the Clerk of Court's office in the county where the property is located.
Prepare a New Deed to Avoid Probate Ideally, you won't just “add” your child's name to your existing deed. You'll create a new deed with a group of owners, perhaps you, your spouse, and your child. You'll become joint tenants with rights of survivorship.
The short answer is simple No. It is generally a very bad idea to put your son or daughter on your deed, bank accounts, or any other assets you own. Here is why when you place your child on your deed or account you are legally giving them partial ownership of your property.
You can arrange to legally transfer the deed to your house to your children before you die. To do so, you sign a deed transfer and record it with the county recorder's office. There are a few types of deeds that accomplish this in California, including a quitclaim deed, grant deed and transfer on death deed.
Deed/Title Transfer Finally, you can also transfer the title of your home as if you were to change the ownership to anyone else. Title transfer is a good option if you still have a mortgage on the home. You can add your child as a co-signer or transfer the mortgage entirely. Land transfer taxes may apply though.
Adding Minor Children to the Title of a Real Property. Children who are minors (under the age of 18 in most states) can legally co-own real estate with their parents. Unfortunately, this act can complicate things if the parents want to sell the property while the children are still young.
First, while real property can be conveyed directly to a minor, property owned by a minor cannot be sold, mortgage or otherwise encumbered without the appointment of a guardian through the Clerk of Court's office in the county where the property is located.
A. Unfortunately, yes. Minor children can receive and hold title to real estate, but they cannot convey title until they turn 18. Your situation is a classic example of why parents and grandparents should not add, convey or will real estate titles to minors.
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