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To Deed Or NOT To Deed

By
Real Estate Agent with Cedaredge Land Company

To Deed Or NOT To Deed. Or maybe I should call this, "When Good Intentions Go Bad". In an effort to avoid probate, or make it easier for children to manage a house when a parent no longer can, some people have thought about adding their children to the deed. On the surface this may seem like a good idea, but there can be serious consequences.

The parents no longer have exclusive right to decide what they can do with the property. If the parents decide to sell the house, or refinance, and the child is a minor, that ownership interest must go through a converatorship process. In some cases the child's problems can become the parent's problems if the child encumbers the property, or the house gets caught up in a divorce. Now that debt is on the house for the parents to deal with as well. On the other hand, if the parents default on the loan, the consequences also follow the child.

In Colorado this can be reason for a lender to foreclose. In situations where the child isn't a party to the original arrangement with the bank, this will violate the due on transfer clause in the deed of trust. A deed of trust is the instrument used to create a mortgage in Colorado. Even adding a spouse can be reason for foreclosure if this violates the original terms of the deed of trust.

Of course there can be tax consequences as well. Even if the property is sold after the parent's death, and if the child doesn't live in the house, there is no earned income credit after the property is sold.

These are just some situations to make you think about the consequences of adding your child to your deed. For more information contact your tax professional and attorney.

Debbie Laity Your Western Colorado Real Estate Specialist

GRI, SFR, REO Specialist, CNE, AHWD

Broker Associate

Cedaredge Land Company

970-589-2886 Cell

www.debbiesellscolorado.com

 http://www.facebook.com/#!/pages/Debbie-Laity-Your-Western-Colorado-Real-Estate-Specialist/183233741756311

A A
Z - Bel Air, MD

Great points that must be carefully considered and shared - thanks Debbie!

Nov 29, 2011 12:38 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Thanks for stopping by, Beth.

Nov 29, 2011 12:42 AM
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM
Honesty, Integrity, Results, Experienced. HIRE Me!

Dealing with a similar situation now.  Elderly Dad and middle aged daughter now daughter has control over dad's property and he's not happy.  I tell him I'm not an attorney only a Realtor seek legal advice.  When it comes down to it I don't see a way out for the dad.  Think - Think - Re-Think before you sign anything.

Nov 29, 2011 02:11 AM
Cathy McAlister
Cathy Ashley McAlister, GRI CDPE - Broker / Sacramento - Sacramento, CA
Sacramento DRE#00648507

Executing the deed may seem like a simple matter.  But, oh the consequences.  So many reasons why an owner should have guidance for their situation.     And, if discussing with an attorney, for goodness sake, please make sure it's a real estate attorney.  

Nov 29, 2011 03:07 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Hi, John. You might have your own blog in the making. Let us know what happens. I would think you would have to be pretty sure of your kids to do something like this.

Nov 29, 2011 01:46 PM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Cathy...you are so right. On the surface this might seem like a good idea, but think about it for a bit, and you might change your mind.

Nov 29, 2011 01:47 PM
Toni Weidman
Sailwinds Realty - Trinity, FL
20+ Years Selling Homes in New Port Richey, FL

It is always good to consult an attorney prior to making any changes to the title to the property. Realtors in Florida are not allowed to give out legal advice but I always recommend a chat with an attorney when people ask that.

Nov 30, 2011 02:47 AM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

I agree with Toni.  Get a good legal opinion.  It can make all the difference.  Good information, Debbie.

Apr 04, 2012 06:00 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Hi, Toni and Suzanne...yes seeking legal advice is always the way to go.

Apr 04, 2012 11:43 AM
Don Sabinske
Don Sabinske, Sabinske & Associates Inc. - Zimmerman, MN
Sabinske & Associates Inc.

Great information, Debbie.  And, getting a legal opinion is always a great plan.  Have a great weekend!

Jun 08, 2012 01:44 AM
Debbie Laity
Cedaredge Land Company - Cedaredge, CO
Your Real Estate Resource for Delta County, CO

Hi, Don...it's always wise to seek the advice of a tax professional and legal counsel. Have a great weekend.

Jun 08, 2012 01:50 AM
Marshall Enterprises
Marshall Enterprises - Saint Michael, MN
Antiques, Lawn Care, and Trashouts

Good post.  You should write some more about real estate issues that have come up!

Jan 30, 2013 03:31 AM