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I currently own a house with mortgage co-signed by my parents. On the house title all 3 of us are listed as joint tenants.

I am planning on getting married in the near future and want to add my spouse to the title as well.

Questions:

  1. What procedure is needed for this and what should I watch out for (mainly regarding the current mortgage)?

  2. My parents wants to leave just me and my wife on the title, can this be done?

Thanks!

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Title work is typically done through your county's comptroller office. Often times you can find a blank form online and fill it out yourself and have it executed at the comptroller's office.

The cost of executing these documents are based upon the amount owed on the property and the number of pages in the document.

The issue that you may run into is that the bank might object to removing your parents and adding your soon to be wife.

  • Or your parents might object. You can't take them off the title without their permission. – keshlam Sep 20 '16 at 20:25
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You cannot change the names on the title of the house just by going to the county comptroller or county clerk or registrar of records (or whatever the appropriate office is named and just filling out some paperwork, and this is true whether it is just you going by yourself or along with your parents and/or fiancee/spouse. Among other things, the bank has a lien on the house and title cannot be transferred (even among family members) without paying off the mortgage and getting a new one in its place. There are also considerations of gift tax that need to be considered: your parents are making you (or you and your fiancee/spouse) a gift of their interest in the property, and they need to file a gift tax return (IRS Form 709, and it is not submitted along with the income tax return but goes to a different IRS office) and either pay the gift tax due, or deduct the value of the gift from their lifetime combined gift and estate tax exemption (currently over $5M per person).

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