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purchase home from mother

Posted on: 16th Oct, 2010 09:40 am
my mother-in-law married 5 years ago. after the marriage she bought a condo which she and her husband now live in. they have a pre-nup but we are not sure of how accurate or specific it is. her husband has a signficant amount of debt, some from before the marriage, some from after. my mother-in-law will eventually need to sell the condo to be someplace cheaper and more accessible. her husband is older than her, and we are concerned that if he dies before her, creditors could come after the equity she has in the home when she has to sell it.

we are considering asking her to transfer the deed of the condo to us (her three kids and their spouses) in order to protect the equity. she still owes on the condo (worth 200k+, owes about 100k). we would take out a mortage to cover what is owed and ask them to pay rent to cover the mortgage. we're concerned for their wellbeing, and committed to doing what we need to, to take care of her and her husband but unfortunately we can't take on a second mortgage without the rent to help cover it.

i'm wondering about what options we have for structuring the transfer, and what potential tax consequences for my mother-in-law and for us might be. any advice, suggestions or warnings?

thanks in advance.
your mother-in-law will have to sign a quit claim deed in order to transfer the property to you all. if it's a gift transfer, then your mother will be liable for paying gift taxes. however, there is a life time gift tax exemption of $1 million.
Posted on: 18th Oct, 2010 03:59 am
Thanks for the information. Another question, if anyone has time. We have never owned a property with mortgage other than our home. I'm assuming this would be a business for us in tax terms because we are collecting rent. Any suggestions as to how to manage a second property, in terms of taxes? Or a good resource for finding out more?

thanks
Posted on: 18th Oct, 2010 06:01 am
Hi masi!

Welcome to forums!

As you're renting the property, it will be considered as your investment property. You can contact a tax adviser and he will be able to help you in taking right decision regarding managing the property for tax purpose.

Feel free to ask if you've further queries.

Sussane
Posted on: 19th Oct, 2010 02:06 am
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