QUESTION

Put house in parents name to protect when first married, now want to change it to mine and wifes.

Asked on Mar 14th, 2013 on Real Estate - New York
More details to this question:
To protect the house when I first bought it and for the much better mortgage rate, we put the house in my parents name and they took out a refinance on their house to buy my house outright. I pay all taxes and refinance payment since day 1. This was done in May of 2004. Now that my marriage is great and I have kids, I want to put house in me and wifes name and take a mortgage out for what is owed on it still. My question is do I have to "buy" house from them? Can I somehow do it so the payments I have made to them for the refinance look as a downpayment? I would like to avoid the 15-20+ thousand downpayment and closing costs. Plus if I buy the house from them for what they still owe on refinance, this will look like they are giving me house for below marke (about $100,000 below). I know I need a lawyer to do this, but have no idea how much this is gonna cost me and how to start. Thanks.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You have not answered the most critical issue -- do your parents consent, and what do they want.  With their consent you can do anything.  Without it, you can do very little.
Answered on Mar 24th, 2013 at 9:23 AM

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