A quitclaim deed is a document that transfers any interest you may have in a particular piece of property. If you have no interest, the quitclaim deed will transfer no interest. If you own the property outright, the quitclaim deed will transfer that ownership interest to the grantee. However, a quitclaim deed does not promise or represent to a grantee that you have any interest in the property.
Transferring Ownership Of Home Between Family Members
Transferring home ownership between family members can be problematic. Often, family members help each other out with a signature or by putting their name on the mortgage. However, you need to consider more than just a quit claim deed to transfer a title. Who is responsible for mortgage payments? Whose credit score will be affected by thy home loan? What happens if someone passes away? Who will inherit the property?
Quit Claim Deed And Medicaid Lookback Rule
If an elderly relative owns a home and quit claims it to you before going into a nursing home the home may be at risk for the Medicaid lookback rule. The Medicaid lookback rule may allow the government to try to recover medical costs by selling an asset such as a home. How does Medicaid treat quit claim deeds? Discover what documentation to gather to protect the home.
Quit Claim Deed Transfers Cost Basis
Whenever a home owner transfers all or part of the ownership of a property using a quit claim deed, the person who they're transferring ownership to receives the property interest at the same cost basis that the home owner bought it for. While the percentage of ownership may vary, the cost basis used remains the same regardless of when the transfer takes place. As a result, when you sell a home that you receive through a quit claim deed you'll owe capital gains taxes calculated using the previous owner's cost basis.
Quit Claim Deed Won’t Remove Lien
When you owe money to creditors they may put a lien on your home. When you sell your home you have to pay off the liens with the proceeds from the sale. Transferring ownership of your home using a quit claim deed will not remove the liens. Using a quit claim deed in this situation may be a fraudulent conveyance.
Quit Claim Deed Leads To Capital Gains Tax
When you receive ownership to a property through a quit claim deed, you also get the property at the cost basis that the previous owners had. This may lead to capital gains taxes when you sell the home. To know how much capital gains tax you will owe, contact a tax preparer such as an accountant or enrolled agent.
Using Power Of Attorney For Quit Claim Deed
This person wants to use their Power of Attorney to execute a quit claim deed and gain ownership of their mother's home to avoid the home being used to pay for nursing care. The government can trace transactions such as a quit claim and this one could be seen as fraud. A real estate attorney can help figure out if there is a way to structure the transaction to help the mother pay for her nursing care.