Home > Research Legal Advice > Real Estate > Want to put my sister on deed of my condo as tenant in common for 50% ow...
Asked about 2 years ago - Los Angeles, CA
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It's kind of a long story. My Mom passed away and her condo has always been in my name alone. Now, I know my Mom would want my sister to own half of the property. We are not sure what we want to do with it yet. I want to somehow add my sis as 1/2 owner, but am not positive which type of deed, etc. is most appropriate and want to know what other ramifications are involved in doing this.
Please tell me the best way to go about this.
This is not so simple. Beware that a deed to add your sister may increase the RE taxes, depending on when your mom bought and when she died. Moreover, transferring 50% of the property title is a gift by you to your sister, but you have a $5.0 M exemption this year
Do you want your sister to be a half owner, or just entitled to the property after you die or just some of the proceeds if you sell it? Who lives there? if it is rented do you want your sister to get half the rents and pay half of the expenses?
You need to talk to an attorney or an accountant or both.
There are potentially very serious tax consequences (gift tax, estate tax, documentary transfer tax, and capital gains tax). Attorney Walker raises a number of excellent questions. You need to consult with a tax attorney and/or accountant because there are a mutltitude of factors which need to be considered, depending upon your and your sister's goals, far more complicated than a simple answer on Avvo.
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