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Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

Law Office of Roland D. Waller - Probate and Real Estate Attorney - New Port Richey, Florida

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Law Office of Roland D. Waller
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New Port Richey, Florida 34652

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Tuesday, 08 September 2020 / Published in Real Estate, Videos

Can I Add My Children’s Name To The Deed Of My Home If I Have A Mortgage?

Video Summary

Can I add my children’s name to the deed of my home? If I have a mortgage, the answer is yes, you can. Although I don’t think it is a good idea and that there are any number of problems or,  that you can encounter as far as adding children to the title to your property. First off is we would be sure that it would be an adult children, because if you put minor children in title, it would be impossible while you would have to set up a guardianship in order to be able to ever sell the property with their name on it, or wait until they turned age 18. If it’s adult children, you’re then partying with a particular interest in your home. And if they would ever have any creditor problems, though, they’re creditors could attach a portion of your house for their bet.
And it’s considered an asset. Also, if for any reason you would have some problems with your children and they decided that they didn’t think it was in your best interest to sell your house. Then you may be frustrated as far as having, trying to sell your house, cause you’re going to need your children to, or child who you put on title two to sign the deed. I suggest there’s an alternative. If the purchase purses purpose of doing this is to avoid probate so that your children receive it at the time of your death. And that’s called a transfer on death deed. Here in Florida, we referred to him as a lady bird deed, and it’s also called an enhanced life estate deed whereby you control the, your property during your lifetime, and also have the ability to sell it without having to have your children joining the deed.

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