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Do I pay transfer taxes on a quitclaim deed that removes the other owners?

Posted on: 12th Jul, 2011 01:36 pm
my sister, her husband and i own a house together. they filed for bankruptcy and were discharged from the mortgage on the house. i need to short sell the house to avoid foreclosure since they are no longer contributing towards the mortgage payments. they are now resisting the sale. i am thinking about having them relinquish their ownership holdings through a quitclaim, as a last resort, in order to move forward with a short sale. are there taxes involved with this transfer?
Welcome Guest,

You should ask your sister and her husband to sign a quitclaim deed and transfer the property to you. Once they do that, you will be able to sell off the property. If they transfer the property to you as a gift, then they will be liable for paying the gift taxes.
Posted on: 12th Jul, 2011 09:53 pm
guest, you noted that they're resistant to a sale. in that light, what makes you believe that they'd be amenable to a quit claim deed relinquishing their ownership rights? have the three of you had this discussion at all?

i'm not quite sure how gift taxes came into this, but i would have to defer on the question of any sort of taxes to your local taxing authority, or your state taxing authority, whichever is appropriate.
Posted on: 13th Jul, 2011 09:59 am
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