Q: I want to change the deed on my house to my son. My husband and I are not seeing eye to eye. How do I do this.
A:
Here are the key steps if you want to change the deed to your house to transfer ownership to your son while your husband is still alive:
1. Consult with a divorce/family law attorney. Even if you are not getting divorced, transferring a jointly-owned house without your husband's consent raises complex legal issues about assets and property rights in a marriage. An attorney can advise you on options and implications.
2. Your husband would likely need to sign off on any deed transfer if he is currently on the title. This requires his cooperation and consent. If he refuses, you may have to pursue legal action to compel the transfer of house ownership against his wishes.
3. Record a new grant deed with your county recorder’s office, signed by both current owners (you and husband), transferring the property to your son. Deeds must meet legal formatting requirements.
4. File a gift tax return if the house is valued over $15,000. Even between family, the IRS sees a deed transfer as a gift. Any tax liability would need to be paid.
There are additional considerations like mortgage assumptions, capital gains taxes, etc. But in summary - if you do not have your husband's willing cooperation, transferring the deed will be very difficult without going through the court system.
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.
