QUESTION

What is the best way to transfer real estate property to a cousin?

Asked on Jun 03rd, 2015 on Real Estate - California
More details to this question:
my aunt and i had a deal way back that i will help her purchase a house for their business. Now, I wanted to be out on the loan and give the responsibility to my cousin(her daughter). Original purchase price is 370K, remaining loan amount is about 330K and market price is about 450K. What is the smoothest process in order to transfer the property? Will I be tax or have any legal consequences if I sell it her on just the loan amount and she will shoulder all the closing cost? If I add her on the deed and file a quit claim, what will be to cons too?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The only way to get your name off the loan and have it not count against your credit when you apply for your own loan, is to get the lender to sign a written release taking you off the loan. Lenders don't do that. Therefore, you will probably have to convince your aunt to refinance the loan with a new loan in just her name or her and her daughter. Giving your aunt or your aunt and your cousin a deed of your interest in the property will not release you from liability for the loan, at least not on your credit report. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack
Answered on Jun 08th, 2015 at 12:08 PM

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