Legal Question in Real Estate Law in Connecticut
Transfer of ownership
I am co-owner of real property (tenants in common). In the past few years, I have loaned enough cash to the other co-owner to equal the value of his ownership share. What is necessary to transfer his share of ownership to me as repayment of a debt? Does this trigger any transfer fees or tax consequences?
1 Answer from Attorneys
Re: Transfer of ownership
All it takes is a quit-claim deed from him to you. You should recite in the Conveyance Tax form that you paid whatever it is that you put into the property in his behalf (i.e., $50,000). Somebody will have to pay the conveyance tax on that amount (2% +/-), but that's probably less than if you declared you paid nothing for it. That would trigger a gift tax, which might be more. If he lived there for 2 out of the last 5 years, didn't rent it out and hasn't sold another primary residence in the last 5 years, he won't have a capital gains tax problem. If he has, then he may have a capital gain to deal with.