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My mother & I jointly own a house in Florida. We want to transfer ownership to my brother. How do we do this?

Lutz, FL |

There is no morgage and my brother lives in the house.

Attorney Answers 5


  1. This is a simple task that can be accomplished by contacting a real estate attorney. I prefer using a warranty deed. You should Check with a CPA regarding any tax implications.

    If you contact my office, we can assist you.


  2. The transfer can be done with a quit claim deed if title warranty is not an issue.

    I would recommend consulting with a tax professional to determine if there would be any income tax implications to the transaction.

    This reponse is for general purposes only and does not establish an attorney-client relationship. You should always seek the advice of an attorney to thoroughly review all of the facts and details of your particular matter before undertaking any course of action in reliance upon such a generalized response.


  3. A quit claim deed is the quick and easy way to transfer ownership and avoid title insurance costs, etc. There will still most likely be documentary stamps due on the transfer however. The cost of preparing a Quit Claim Deed is typically pretty inexpensive. You are welcome to contact me to discuss in more detail. Happy New Year!


  4. Both you and your mother will need to sign the property over to your brother via a quit claim or warranty deed. Tax consequences may ensue for both you and your mother depending on the value of the home. You are limited to an annual tax-free gift of $13,000 (for the two of you, $26,000). Assuming the house is worth more than that, you could potentially owe tax on the amount above that. But, if the overall amount of the gift does not put you and/or your mother over the lifetime tax-free limit (which WAS $5.12 million), then no tax would be owed. Still you would have to file the form 709 to alert the IRS to the property transfer or pay penalties for your generosity down the road. Depending on how the fiscal cliff shakes out in Congress, all these figures may change. Consult a tax attorney or accountant for additional advice on the best way to achieve your goal.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : carol@caroljohnsonlaw.com : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.


  5. You can do so relatively easily by use of a quit claim deed. This type of deed merely transfers the property without any warranty as to title, etc. and makes no guarantees. The fact that there is no mortgage makes this possible without worrying about bank foreclosure for the transfer. If you are transferring to your brother and he already lives there, then you only need record the deed in the county records and pay the documentary stamp taxes. I would suggest contacting a local attorney who can properly prepare this document and get it recorded and paid for such that you don't have any department of revenue (state) problems later with the transfer tax. Remember however, that, if you or your mother have any judgements or personal liens or issues that are recorded and properly/legally attach to the property then those issues "travel" with the property as well. I would always suggest a title search in that case.

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