Posted on: 20th May, 2010 02:43 pm
My parents are divorcing after 39 years of marriage in California. They jointly own a property (their house) that has tremendous value (est 4 million). Had they not decided to divorce, my sister and I would have directly inherited this home upon their death. However, now that my father has a new girlfriend, I am worried about how to make sure the asset (home) is protected from her or any other outsiders. My parents are the only ones on the title.
Here are my questions:
1) Should they add us to the title and then each quitclaim to my sister and me?
2) What are the tax implications of being added to the title or the quitclaim itself?
3)If we were to assume title, what would be the tax implications when my sister and I go to sell the house eventually?
We would personally like to get my father off the title and then let my mother live in in the house (which she wants too). We are also very interested in preventing the sale of the property because of their divorce - as we would rather they didn't liquidate the asset at this point and spend our inheritance away. Thanks for any help you can provide.
Here are my questions:
1) Should they add us to the title and then each quitclaim to my sister and me?
2) What are the tax implications of being added to the title or the quitclaim itself?
3)If we were to assume title, what would be the tax implications when my sister and I go to sell the house eventually?
We would personally like to get my father off the title and then let my mother live in in the house (which she wants too). We are also very interested in preventing the sale of the property because of their divorce - as we would rather they didn't liquidate the asset at this point and spend our inheritance away. Thanks for any help you can provide.
Hi brittany!
Welcome to forums!
Your parents can directly quit claim the property to you. Both of them can sign a quit claim deed and make you and your sister the owner of the property. If the property is transferred to you as gift, then your parents would be responsible for the gift taxes. If you sell off the property and make profit from it, then you will be liable for paying capital gains taxes.
You can contact a real estate attorney and he will help you in a better way in this regard.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Your parents can directly quit claim the property to you. Both of them can sign a quit claim deed and make you and your sister the owner of the property. If the property is transferred to you as gift, then your parents would be responsible for the gift taxes. If you sell off the property and make profit from it, then you will be liable for paying capital gains taxes.
You can contact a real estate attorney and he will help you in a better way in this regard.
Feel free to ask if you've further queries.
Sussane