Posted on: 28th Jan, 2011 01:35 pm
hey everybody, i'm new to the site. thanks in advance for any info.
my mother and father have separated, not divorced yet. they live separately. we're in NY. let's just say that he is a bad person and my mother has an order of protection against him. the whole family is looking to help her keep her house, as it is all that she owns. the house is paid for and in her name only.
1. can she deed the house to me, wait a few years to divorce him, and hope to keep the house out of his hands?
2. there are no tax implications as long as the house is not sold, right? I don't intend to sell the house of course. she would live there and I would pay all her living expenses in exchange for her babysitting services.
3. I know this is not the forum for it, but does anybody know if HE can force a divorce on her? ex: get a judge to order her to sign the papers? (in which case, she would lose half the house)
thanks again.
my mother and father have separated, not divorced yet. they live separately. we're in NY. let's just say that he is a bad person and my mother has an order of protection against him. the whole family is looking to help her keep her house, as it is all that she owns. the house is paid for and in her name only.
1. can she deed the house to me, wait a few years to divorce him, and hope to keep the house out of his hands?
2. there are no tax implications as long as the house is not sold, right? I don't intend to sell the house of course. she would live there and I would pay all her living expenses in exchange for her babysitting services.
3. I know this is not the forum for it, but does anybody know if HE can force a divorce on her? ex: get a judge to order her to sign the papers? (in which case, she would lose half the house)
thanks again.
Welcome jaesee,
If the house is solely in your mother's name, then your mother can sign a warranty deed and transfer the property to you. However, if your mother transfers the property to you as a gift, then she might be liable for gift taxes. You won't be liable for any taxes unless you sell off the property.
As far as your last query is concerned, it will be better if you could consult a divorce attorney in this regard.
If the house is solely in your mother's name, then your mother can sign a warranty deed and transfer the property to you. However, if your mother transfers the property to you as a gift, then she might be liable for gift taxes. You won't be liable for any taxes unless you sell off the property.
As far as your last query is concerned, it will be better if you could consult a divorce attorney in this regard.