Can you add a child's name to a deed?

Answer 1

Children usually acquire an interest only by inheritance.

You can execute a deed that transfers your property to your minor child, however, it's not a good idea. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. At that time you will encounter legal difficulties.

Generally, if the property must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the property will be considered the child's property. The guardian will need to obtain a licensefrom the court. The court will require the appointment of a 'guardian ad litem' who would need to review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.

In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.

If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.

There is one more factor to consider. Once the child becomes eighteen, they will be able to manage the property on their own and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.

Answer 2

Mortgages have a due on transfer clause. You may trigger a demand that the mortgage be paid in full if you transfer an interest to your child. If the child is an adult you should contact the lender and obtain permission in writing before you transfer an interest.

If your child is a minor see also the related question link.

Mortgages have a due on transfer clause. You may trigger a demand that the mortgage be paid in full if you transfer an interest to your child. If the child is an adult you should contact the lender and obtain permission in writing before you transfer an interest.

If your child is a minor see also the related question link.

Mortgages have a due on transfer clause. You may trigger a demand that the mortgage be paid in full if you transfer an interest to your child. If the child is an adult you should contact the lender and obtain permission in writing before you transfer an interest.

If your child is a minor see also the related question link.

Mortgages have a due on transfer clause. You may trigger a demand that the mortgage be paid in full if you transfer an interest to your child. If the child is an adult you should contact the lender and obtain permission in writing before you transfer an interest.

If your child is a minor see also the related question link.

Answer 3

Adding a child's name as grantee on a deed can cause a costly problem if the property needs to be refinanced or sold before the child becomes "of age". In that case the court would need to appoint a guardian and possibly a guardian ad litem to protect the interest of the child and to make sure the contemplated action is in the best interest of the child. Someone will need to pay all those legal costs. Also, in some jurisdictions, the child can disclaim the conveyance when they become a legal adult which could cause problems in the title to the property. If the ownership of the property will be static and no further activity will be necessary it may work. You should seek the advice of an attorney before making such a transfer of title.

Answer 4

Mortgages have a due on transfer clause. You may trigger a demand that the mortgage be paid in full if you transfer an interest to your child. If the child is an adult you should contact the lender and obtain permission in writing before you transfer an interest.

If your child is a minor see also the related question link.

Answer 5

In most States, I believe you can. However, as a spouse, anything that a husband owns, then the wife owns as well. For example, if a wife is on a deed and she dies, the husband inherits his wife's estate. I would suggest you consult an attorney and ask if there is a specific way to ensure you can exclude the spouse. For example, perhaps you could include one other owner to prevent the deed from passing directly to the spouse.

Answer 6

Children usually acquire an interest only by inheritance. In some cases grantors transfer real property to valid trustsand name children as the beneficiaries. You should consult an attorney who specializes in trusts if that is desirable.

As to transferring real property to a minor, generally, you can execute a deed that transfers your property to your minor child. However, it's not a good idea. First, you need to check the law in your particular jurisdiction. Adding a child's name would actually complicate the title to the property and could result in legal costs down the road. A problem would arise if the property must be sold or if you decide to take the child's name "off" the property. The following are some factors to consider.

Generally, if the property owned by a minor must be sold, a guardian would have to be appointed by a court to sell the property for the minor. Remember that the court will consider the property as the child's property. The guardian will need to obtain a license from the court. The court will require the appointment of a 'guardian ad litem' who would review the proposed sale and report back to the court whether it is in the best interest of the child. All those appointees would need to be paid for their services. There would be court costs and attorney's fees if you need to hire an attorney. After the sale, the court would require that the proceeds be supervised on behalf of the child until they reach the age of eighteen.

In some states, a child can refuse the property when she comes of age and the conveyance could be voided. That might cause other problems.

If nothing will be done with the property until the child becomes an adult, and it's a friendly conveyance (not one carried out to defraud or to purposely encumber the title), then there is no prohibition against it in Massachusetts. However, if the conveyance is done to avoid creditors the court can void the conveyance and the creditors can seize the property.

There is one more important factor to consider. Once the child becomes eighteen, they will be able to manage the property on their own and the relationship may not be so friendly. They may refuse to convey the property back unless they receive compensation. Also, the property will become vulnerable to their creditors.

Answer 7

Not directly as they are still a minor. However, you may be able to put your name with the annotation 'in trust for '. Check with an attorney for the laws in your state.