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Don’t Transfer Property While You’re Still Alive Clients frequently ask Tim Sechler, certified elder law attorney of the Sechler Law Firm , if they should transfer ownership to their heirs ...
A family member has an ownership stake in the home: If an immediate family member has an ownership stake in the property, you might transfer the mortgage into their name.
The deed to a property confers ownership, so transferring the deed to the beneficiary is the vital first step. Specifically, you’ll need a quitclaim or grant deed for the transfer.
Properties that are sold on the basis of equitable title have a legal chain of title intact, and a recorded transfer with the local municipality. Legal title is actual ownership of the property as when the property has been bought, the seller paid in full and a deed or title is properly recorded. Equitable title separates from legal title upon ...
Tax planning: Property owners may transfer equity to their children or other family members to manage their tax liabilities. Transferring equity can be complex, involving land registry applications and stamp duty land tax forms. In these circumstances, a transfer of equity usually involves a conveyancing practitioner to deal with the formalities.
The law presumes that transferring property to a family member, particularly for supporting a relative, is legitimate. However, when an unrelated party receives substantial value without providing consideration, it's usually presumed that they hold the property in trust for the transferor, unless proven as a gift. This presumption of gift ...