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Use brothers names to be ownership on the house

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eeguy02

Junior Member
What is the name of your state (only U.S. law)? CA

Because my credit is not very good, let say I want to buy a house and my brothers will be the title ownership on the house, they already have one house of their own.

What kind of problems will they get I mean about propery tax, let say 4 years later they transfer the ownership of the house back to my name, what the best way to transfer ownership back to me without involving selling or buying,

How about the total cost of transferring ownership back to my names, what kind of process we have to do

what about the paperwork, Or what they should do to transfer the ownership back to my names. What kind of problems they will get, do they have to pay extra income tax for these 4 years as second property, please advise, thanks
 


FlyingRon

Senior Member
First off, this is incredibly risky for your brothers, but blood is thicker than money I guess.
The cost to transfer the deed is minimal. The bigger issue is you won't get their name off the mortgage unless you refinance (or otherwise manage to get the bank to let you solely assume the mortgage). Dumping people off the title before that can cause a due-on-sale clause to be enforced.

Change in ownership shouldn't do much more than accelerate an reassessment that would happen anyway (but you need to check real estate professional in your county to be sure).

They don't owe any income tax while they own the property. If the property appreciates the transfer to you may be considered a gift and might if sufficiently large (or the tax codes change) incur tax to them, but in the current codes it's unlikely.

By the way, the handshake agreement that they transfer the property back to you is probably not enforceable.

Further, the bank may be a little reticent to lend to you if they know the coowners aren't going to reside there. Lying about that would be fraud.
 

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