Canton, GA asked in Elder Law, Estate Planning and Real Estate Law for Georgia

Q: How do I transfer ownership of my home to my adult son and keep living in it without the worry of being asked to leave?

Georgia home, no mortgage, want to alleviate my financial burdens,know my son wants to buy the house just can't qualify for it yet.

2 Lawyer Answers
Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You have suggested two different things in your. The first is that you want to son to have your house and you want to make sure you will not be asked to leave.This is accomplished by signing a quit claim deed giving your house to your son. Then, enter into a contract with your son for you to have possession of the house. This has all kinds of problems and is not a wise idea. Your house can be taken by your son's creditors if you do that. You might consider simply drafting a will, and leaving the house to your son. You could also prepare a deed that leaves the house to your son.

You then mention that your son cannot afford to buy the house. If you want him to

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If you want him to buy your house when you pass away, you will need to prepare a will and leave the house to your son. If you have other children, and you want them to get a equal share of your estate, you will need to have your son buy the house from your estate.

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