How to Transfer the Property Title to a Family Member?

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Parent-child property transfers are complicated and emotional because they involve emotion. But also because they involve legal considerations. Transferring your home can cause various problems, including mortgage, tax, and legal issues. It isn’t as simple as writing it down and having it notarized.

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How to Transfer the Property Title to a Family Member?

Additionally, it may cause family discord. When transferring property, you should consult an attorney and an income tax specialist to determine whether a quitclaim deed or a deed of transfer is necessary and if it is the grantor’s will. Transferring property can be a complex, lengthy, and even expensive process. However, when it comes to family transfers, the law can favor these procedures and carry them out according to the needs.

Many real estate agreements include the transfer of a deed that guarantees and protects the interests of both parties, although, many times, said deeds are not necessary. For this reason, we want to tell you How to transfer the property title to a family member.



Each state governs the transfer of deeds and titles. Ensure the transfer to a family member is clean and fault-free by hiring a real estate lawyer in your state.


Procedure to transfer

There is a procedure for How to transfer the property title to a family member? Let’s come and know!


The First Method


An overview of quitclaim deeds

Recorders or registers of deeds in your county should have the form deed. A quitclaim deed refers to a transfer of property ownership by ceasing to hold any claim to it. A quitclaim deed transfers property from one family member to another when money does not change hands.

When you use a quitclaim deed, you won’t have to worry about getting sued by your family member or a potential buyer. If there is a problem with the deed, you don’t have full ownership because a quitclaim deed transfers only the claim to ownership you currently hold. You are not guaranteed a specific claim.


1.     Complete the form

In a quitclaim deed, you must provide your name and the name of the family member you’re transferring your house to. You must also enter the legal description of your home. Your original deed, government plans, or street address can all be references if you can access them.

It isn’t necessary to describe the property in a quitclaim deed. It needs to be like the original deed. Forms will have blanks for signatures, but you must sign them before a notary.


2.     Notarize the deed

Additionally, you may need to get the signature of the family member to whom you are transferring the deed. And we need notary may also in some states.


3.     Hand delivers or certifies the deed.


Affixing the deed to the title must transfer the property title to the new owner. It is possible to mail or deliver the deed to a relative who wasn’t present when you signed the document. Certified mail or similar services provide proof of delivery.


4.     Record the deed by your relative

After transferring your house to the new owner, you must record your deed at the county recorder’s office unless you include it in the legal record of the property. It won’t become part of the property’s legal record and could cause problems down the road.


The second method


Deeds of TOD


1.     Check if you are eligible for a transfer-on-death deed in your area.

You can keep complete control of your property while you are alive. But pass it on to the relative of your choice when you die without going through probate.

Colorado, Illinois, Ohio, and Virginia are some states that offer TOD deeds as of 2015. You can learn whether this option is available by contacting your county recorder. You may enjoy a TOD deed if you want to avoid probate and keep control of the house while alive because it avoids probate.


2.     Do a deed

TOD deeds look like any other, except that they only take effect after the owner dies. Each state has their specific specifications for each state.


3.     Get a notary’s signature.

Make sure you don’t need another witness in your state by checking your state’s laws. Transferring property does not need the presence of the person to whom you will transfer the property.


4.     Your deed should be recorded.

The document must file in the county recorder’s office once you’ve signed it. In this case, nobody will be aware of its existence of it. It may not even perform. We can change the deed could at any time. Anything you own after the time you die will remain yours.

When you give a TOD deed to a buyer, any mortgage and other property liens transfer. The purpose of this type of deed is to convey your ownership interest in a property, regardless of its type. A death certificate and affidavit may be required for your chosen family member to claim your property upon death. But, it’s still faster and easier than going through probate.


The third method


Utilizing a warranty deed


1.     Get in touch with an attorney if you need help.

You will most likely need a lawyer to help you with warranty deeds since they are the most complicated way to transfer property titles. With a warranty deed, also known as a grant deed. You guarantee the new property owner that you hold the property in excellent title. And no one else entitles it.

In most cases, warranty deeds are unnecessary when transferring a house to a family member. Even though it seems complicated, a warranty deed gives your relative more confidence about your property. Since you guarantee that you own it free of any mortgages. Or other encumbrances and that no one else has a competing claim.


2.     Your property needs a title.

A title search ensures the deed contains accurate statements and that the property’s title is free of liens and liens. This process can involve costs and time. As public records are available, a title search can perform by anyone. But a professional will do it more and faster.

You must get title insurance if your title has any flaws, regardless of whether they are revealed or not. By having title insurance, you’re protected from issues that could cause damage to or cancel the title. There is a high price associated with title insurance. The first owner and the new owner share the cost.


3.     Complete the deed

The deed will include information about you and the family member to whom you’re transferring your title. An accurate and detailed legal description of the property.


4.     Witness the deed

As your state’s law requires, notaries and witnesses must witness the deed. If you want the property to go to a relative, give the deed to that relative.

As your state’s law requires, notaries and witnesses must witness the deed. If you want the property to go to a relative, give the deed to that relative.


5.     Document the deed

While your family member handles recording the deed, your attorney might offer to do so if you’ve hired her. Regardless of whether your deed is records, it will remain valid even if you don’t record it. But, your relative’s claim to your property will not be known to anyone else. Your attempt to avoid probate would be nullified if you failed to record the deed.

The fourth method


Establishing a joint tenancy


1.     Appear as joint tenants with survivorship in a new deed

When you get equal shares in a joint tenancy, you both become tenants. You sell the property to yourself and your relative by preparing a new deed. If either of you dies, your share of the property immediately passes to the other. You must pay gift taxes on property shares worth more than $10,000 if you give them to someone else.


2.     Ensure that the deed is completed

You can copy everything else on your older deed since you only change the names.


3.     Deeds signing is necessary.

Depending on the law in your state, you may sign the deed before a notary public or other witnesses. You and your relative must both sign the deed in this case since both of you are taking ownership of the property.


4.     The deed should be recorded.

Deeds that do not exist will not make the joint tenancy public, avoiding probate.


Transferring ownership has risks.

Did you know, How to transfer the property title to a family member? While transferring your home ownership to a family member may seem generous, many risks are involved. There may be no capital gains tax upon the sale, and you may be liable for tax when you sell it. You never know what lies ahead about your health condition or a family member’s health. For instance, you may not be eligible if you deed the property within five years of requiring Medicaid help. As Massachusetts attorney John Roberts explains, divorce, accidents, bankruptcy. And the death of a child can also complicate things.

Transfer on Death Deeds allows you to control property until you die. And then, the property transfers to your beneficiary, avoiding probate proceedings. It also transfers to the family member if there is a mortgage on the property. Real estate attorneys can tell on the TOD deed, which is unavailable in every state.


A Quitclaim deed

When transferring property rights, a quitclaim deed is the most practical method. The process becomes more complicated if a mortgage encumbers the property. Transferring equity is not possible if you have a mortgage. According to most mortgage paperwork, a quitclaim cannot pass during the life of a mortgage.

You must inform your mortgage company of your findings about the “grantee’s” plans for paying off the mortgage balance after the transfer. Lenders are generally reluctant to start foreclosure proceedings if the mortgage is not delinquent. You and your grantee should document the mortgage payment plans. And the sale of the property until the mortgage is paid off in a written contract. A quitclaim deed can allow you to transfer property that does not have encumbrances.


A gift deed can serve as a means to transfer property.

How to transfer the property title to a family member? Property ownership passes to a family member or charity with a gift deed. The donor must execute the will during their lifetime. If applicable, the donor must pay both federal and state gift taxes. However, the IRS recognizes this method of transferring property as viable. A donor cannot gift anything of value to avoid paying taxes. Taxes apply on gifts over $15,000 in value.

A mortgage holder’s obligation to pay his mortgage does not end when the property transfers. A property can have a title registered in one person’s name and a deed registered in another. A quitclaim deed usually occurs when transferring property between family members. In contrast, general and special warranty deeds serve the same purpose when the donor is confident of the title and is sure there are no blemishes. A quitclaim deed makes it difficult for title insurance companies to issue title insurance.


Proper legal guidance simplifies transfer processes.

It may seem straightforward to transfer property between family members. Considering the legal and procedural requirements, though, it can become complicated. Good conveyances can make the whole process easier. A legal advisor will guide you through the various functions and ensure that the transfer is successful.


Bottom Line

How to transfer the property title to a family member? It is less complicated to transfer property between family members than to sell or buy property from someone unrelated to you. Regulations and laws govern the process, even if there is no contract of sale.

A thorough understanding of property transfer is essential if you consider transferring property titles. Property title transfer processes and relevant legislation must be learned and adhered to. Other risks also need to be minimized. A property title transfer can take several forms, further complicating the situation. Gifting and selling are the most common methods. Changing property ownership without gifting or selling using the third option is possible.

To avoid hefty transfer fees, you should know how to transfer ownership. It is traditional for the government to charge specific fees for each transfer. But, you may not be liable for those fees. In some cases, taxes and stamp duties may go along with transferring property titles. Some circumstances may qualify you for a tax pardon from the government. A qualified and registered attorney is better than risking making an expensive mistake.

A real estate Attorney handles:

  • Describe the transfer in detail
  • Document and process management
  • Avoid costly errors by seeking legal advice.


Robert Enos

ROBERT ENOS Senior Trial Attorney Robert J. Enos is the Senior Trial Attorney at Attorney’s Real...