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Below is a list of the most common customer questions. If you can’t find an answer to your question, please don’t hesitate to reach out to us.
Adding Name to House Deed Without Consent. If a person decides to give a gift of real estate to someone, they can purchase that property and deed it to someone else. But that alone will not be sufficient to transfer title to the property to the recipient.
Oddly enough, the person receiving the interest does not sign the deed. In most states you can file a disclaimer or deed of disclaimer that says specifically you were placed in title without your knowledge or consent and disclaim the deed.
IRS gift taxes may apply When you add someone to your deed, the IRS sees it as a gift. That person becomes subject to IRS regulations concerning gifts. As of 2018, the IRS allowable gift limit is $15,000 annually, per person. Gifts that exceed this amount are subject to the gift tax.
Generally, you can't remove your name from the mortgage without the knowledge of your lender, and you need a written consent from them.
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.
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.
Discuss the terms of the deed with the new owners. Hire a real estate attorney to prepare the deed. Review the deed. Sign the deed in front of a notary public, with witnesses present. File the deed on public record.
Transferring Property Without Removing Liens The law does not require that liens be removed before title to property can be sold or transferred. But the lien will need to be cleared up if the buyer needs financing or wants clear title.
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