If I am the sole owner of a house, what is the process for removing my name off thedeedif I wanted to transfer ownership to my older brother?

I am the sole owner of the both the mortgage and deed. When is the soonest I can transfer ownership and what are my options for removing my name off the house?

Asked on November 1, 2011 under Real Estate Law, Massachusetts


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The way to transfer legal title to a person is by way of either a grant deed or a quitclaim deed. Typically an attorney drafts one or the other, the owner of the property being transferred signs the deed before a notary public and the deed is then recorded in the county recorder's office where the property is located.

I suggest that you consult with a real estate attorney about your desire. The transfer of your property to your brother all at once may trigger some gift tax issues that you could be responsible for that you never intended that would have to be paid to your state and the federal government. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.