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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Transferring a House

    the uncle is the one that would create the deed. if you are married, from what it sounds like as to how it is being transferred, it would be community property so your husband could argue for 1/2 of your share, or the value anyway. If it is just you and the brother, that would mean husband would have a claim to a 1/4 share interest.

    Before you do anything like this, you need to speak with a tax professional who can review the situation to determine who, if anybody, is going to owe taxes on this transfer.

  2. #2
    Join Date
    Jun 2011
    Posts
    2

    Default Re: Transferring a House

    Thanks for the fast response, can I ask him to fill out another quitclaim deed so he does not take any ownership for this transaction?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Transferring a House

    ask who to make another deed? Your husband?

    He cannot transfer any interest he does not have at the time he creates the deed. As a spouse, he will continually "earn" an interest as long as you hold an interest. So, on any given day, as time progresses, he gains some interest. If he deeds his interest to you the day after the gifting from the uncle, that would remove a claim to anything gained up to that time. As the house appreciates in value, he has a claim to his share of any increase in value.

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