What do I have to do to sign my house over to my son if there is no mortgage on the house?

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What do I have to do to sign my house over to my son if there is no mortgage on the house?

Asked on November 16, 2011 under Real Estate Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

To sign the house over to your son, if your son is at least 18, you will need to file a quitclaim deed.  A quitclaim deed releases your entire interest in the property.  You and your son will need to sign the quitclaim deed in the presence of a notary.  Then, the quitclaim deed will need to be recorded with the County Recorder's office.

The general format of a quitclaim deed would be:

 I. _________ (your name) am the owner of the real property described as ____________ (address of house).  I hereby release and transfer pursuant to this quitclaim deed  all of my rights, title and interest in the above- described property to my son, ______________ (name).

DATE:_______

___________ (your signature)

____________ (your printed name)

DATE:________

_______________ (your son's signature)

________________ (your son's printed name)

You and your son sign and date the quitclaim deed in the presence of a notary.  Then, record (file) it with the County Recorder's Office.

 


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