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Property Transfer to Family

Posted on: 04th Aug, 2009 04:30 pm
my mother in law is in horrible financial straights. we have been helping her all we can. she owns her own house and has a 1st and 2nd on it. she owes $61k and $30k respectively. she wants me to have the house and she has "heard" of a program where she can sign it over to me and she will then be resolved of all financial responsibility of the house (this would actually allow her to avoid bankrupcty). is this possible to do? what are tax implications for me? i want to get the house and use it for an investment property for her grandkids (my step kids). my initial plan is to hopefully refinance the property to get a reasonable mortgage rate on it and then to keep it for 5 to 10 years before selling it and putting the proceeds in a trust fund. any information would be extremely helpful. as of right now, there is a real estate lawyer trying to get it from her as he sees the investment/profit potential of the property. i get to actually meet him to night.
Hi Gofiggah!

Welcome to forums!

Your mother-in-law can transfer the property to you with the help of a quitclaim deed. However, this will not release her from the responsibility of paying off the mortgage dues. If you refinance the mortgage in your name, then only she would be free from all the financial responsibility of paying off the mortgage.

If she transfers the property to you as a gift, then she would be responsible for paying the gift taxes. I hope the real estate lawyer would be of able to explain the pros and cons of this deal.

Feel free to ask if you've further queries.

Sussane
Posted on: 04th Aug, 2009 09:00 pm
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