Spokane, WA asked in Real Estate Law for Idaho

Q: If my name is not on the title or mortgage of a property but on a gift deed for the property , can I legally sell it ?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Boise, ID
  • Licensed in Idaho

A: You need to research deeds. Who gave you a gift deed? Are you aware of the tax implications of being "gifted" something worth $2-$300,000 dollars? The moment you try to sell it you're going to run into the people whose names are on the mortgage. Sounds like a mess to me. If you trace the mortgages and transfers (at the title company or courthouse), you will see what party has the present, right to occupy and transfer or sell the property. If the person who has the present right to transfer the property, gave you a "gift deed," I think the first question I might ask is, why? You actually received a piece of real property without paying a red cent for it?

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