What Are the Tax Consequences of Being Added to a Deed?

Patrick Villanova, CEPF®   Tue, October 3, 2023

Adding another person to a real estate deed can have specific tax implications for both parties.

Property deeds are not just pieces of paper – they hold the power to impact your fiscal situation considerably. Property deeds are legal documents that provide proof of ownership. When you extend ownership rights by adding someone to your property deed, there are tax implications and potential risks associated with the transaction.

What Are the Tax Consequences of Being Added to a Deed?

A person may be added to a property deed as a result of inheritance, marriage or partnership. It's crucial to understand that adding someone to a deed typically involves a transfer of ownership interest in the property. With that transfer comes potential tax consequences.

However, when you’re added to a property deed, you may be eligible for certain property tax exemptions or deductions, especially if the property qualifies as your primary residence. These exemptions can vary by location and are worth exploring with your local tax authorities.

But there can also be capital gains tax consequences when the property is eventually sold. The tax treatment depends on factors such as the duration of ownership and changes in the property’s value. It’s essential to keep detailed records of the property’s cost basis and any improvements made to calculate capital gains accurately.

How to Transfer Ownership of a Property

Transferring ownership of a property is a significant legal and financial transaction that requires careful consideration and adherence to specific procedures.

One of the initial steps is conducting a title search. This confirms the current owner and checks for any existing liens or encumbrances on the property. Clearing any outstanding issues is vital to ensure a smooth transfer.

Next, both parties must agree on the terms of the transfer. This includes the sale price, the timeline for the transfer and any contingencies, such as inspections or repairs.

To formalize the agreement, a deed is prepared. This legal document transfers ownership from the current owner (the seller) to the new owner (the buyer). It must be signed in the presence of a notary public and then filed with the appropriate government authority.

Before the transfer is complete, property taxes and any outstanding dues must be settled. Additionally, homeowners’ association fees, if applicable, should be addressed.

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