How to add children to house title or deed.

  • May 24 2014 - Sarasota
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Answers (9)

Profile picture for Cassie Maas
You may want to consult with an estate planning attorney who may be able to advise you on the benefits of a Living Trust. A Living Trust allows you to avoid probate and assign beneficiaries to the Trust.

Your CPA and Estate Planning Attorney can guide you in making the right choice for your personal situation.
  • June 14 2014
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When purchasing real estate an important consideration is the way in which the title is held.
 
You may be considering titling the property in the name of your children or adding a child's name to avoid probate upon your death. However, there are a number of legal consequences involved when your child's name is on the deed which is why many here are suggesting you consult an attorney before making any changes to your current deed. 
 
Here are a few concerns regarding title that I can think of at the moment.  What would happen if you added an adult child to the deed to your home and the child divorces or dies?  The son or daughter in-law may now claim an interest in your home.
 
What if your adult child has financial problems or declares bankruptcy?  Creditors may look at his or her interest in your home as a potential source of debt repayment.
 
Does your adult child already own a residence in FL that is homesteaded?  You could potentially lose your homestead exemption and pay higher property taxes.

What if you have a falling out with your adult child?  If you add them to the title you will need the child's consent if you need to sell your home. 

Adding minor children to a title adds even more complications. 

So before making a decision like this, the best suggestion I can make is to make an appointment with a local attorney and find out the best option to achieve your goals without jeopardizing your financial future.

  • June 14 2014
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Profile picture for Sharon Lewis
Please consult an attorney and talk to your accountant for the answer
  • June 09 2014
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Profile picture for valuatemyhouse
Great Question!  What you will need is your legal description and current Vesting Deed. That is why majority of people are asking for you to go to a Title Company. Yet, if you kept your Title Documents from either a Refinance or the time of purchase than you have all the documents you need.  Head down to the local or County recorders office.  Request for a Family Transfer Deed. Fill out the proper form and pay the fee.  Now you have family on Title.  Some States or Counties have different laws so you may just want to call the local recorder office and ask few questions. 

Good Luck!
  • June 08 2014
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In California you go to Title Company have it recorded.   However, there may be tax consequence. You can have a CPA fill out a gift form to IRS.
  • June 08 2014
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There are a few ways to do this, however, my advice is to pay an attorney on the front end to
do the exact thing you desire, thereby mitigating any legal snafus on the back end.  Good Luck.

  • June 07 2014
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Consult your attorney on this. 
  • May 24 2014
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Are these minor children, or adult children?
  • May 24 2014
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Profile picture for amandathomas
A local title company can assist you with the process; however, it would be wise to consult with your tax and estate planning professionals on whether or not this is advisable.
  • May 24 2014
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