Southport, NC asked in Real Estate Law for New Jersey

Q: I am about to acquire a new property. Can I add my two adult daughters to the deed as owners?

Related Topics:
1 Lawyer Answer
Jake Causing Santos
Jake Causing Santos
Answered
  • Mount Olive, NJ
  • Licensed in New Jersey

A: Generally, you can add anybody as a co-owner of a house. However, if you are going to a need a mortgage to byt the house, then your lender may have an issue with other people being on the deed. In addition, by adding your daughters as co-owners, this could result in problems in the future if your daughters need to apply for bankruptcy or if your daughters are sued and a judgment is filed against them because the house may be subject to the claims of your daughters creditors. Also, the house may be subject to equitable distribution if one of your daughters has to file for divorce in the future. If you later want to sell the house and you have a falling out with your daughters, then you may have to go to court to force your daughters to work with you to sell the house. Also, there may be gift tax consequences because by adding your daughters as co-owners but they did not pay for the house, then the IRS may treat the transaction as if you made a gift of partial ownership of the house to your daughters. There are several other problems that could arise so you should consult with a legal professional before you add your daughters on the deed.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.