Legal Question in Real Estate Law in California

I would like to refinace my house and put my son on the title and new loan. Once he can qualify for a loan on his own quit claim the house to him. How would I do this in a way that protects both our interests until the change over is completed?


Asked on 4/19/10, 9:21 pm

4 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

If you want to portect your interests, do not transfer title to him. Please look at al the numerous prior posted answers in which all of the attorneys warn against a parent transferring title to their home to thelir children.

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Answered on 4/24/10, 10:15 pm
Ken Koenen, LLM Law Office of Ken Koenen

I agree with Mr. Shers. If he is making the payments on the house, you may want to enter into some kind of shared ownership agreement with him, but don't just add him to title until he can qualify for the loan himself. There are also tax issues involved.

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Answered on 4/25/10, 11:11 am
Terry A. Nelson Nelson & Lawless

nothing you propose will protect your interests, or remove your loan obligations, unless the mortgage company allows him to refinance solely.

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Answered on 4/26/10, 11:26 am

The negative tax consequences of what you propose could run into the tens or even hundreds of thousands of dollars. Don't do unless you have excellent tax and estate planning counsel guide you through it.

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Answered on 4/26/10, 4:28 pm


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