What are the tax and legal ramifications of a quitclaim deed?

My dad wants to sign his house over to me. It is a house that his parents willed to him and it is paid for in full. He is divorced and paying alimony. He was laid off work and is only able to pay a portion of his alimony payment. His ex wife is threatening to put a lien on his house. Will this quitclaim deed cause any tax or legal issues for me?

Asked on July 9, 2012 under Real Estate Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The quit claim deed that you have written about where if signed by your father and recorded disclaiming all rights he may have in the property to you will not in and of itself cause any tax ramifications to you other than the fact that you would be obligated for property taxes and all recorded liens on the property. However, there could be some gift tax ramifications as to your father if the equity in the property is more than $13,000.

I suggest that you and your father consult with a real estate attorney to discuss a structured transfer of ownership in the property to you over time in an amount of $13,000 per year via fractionalized interest quit claims or grant deeds so as to avoid possible gift tax issues as to your father.


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