If my dad decides to

My dad would like to help his son build a second family home on the property. Instead of selling his home to his son, he would prefer to

Asked on February 4, 2017 under Real Estate Law, Hawaii


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

He can definitely do this: it is permitted to give people a gift with certain restrictions, such as the giver will have the right to continue to live on the gift property rent free for some period of time (or even for the rest of life). Your father should go to an attorney, who can determine the best way to set this up or structure it (including for tax purposes), but the basic idea is certainly legal.

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.