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    Panshel55's Avatar
    Panshel55 Posts: 2, Reputation: 1
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    #1

    Jan 16, 2008, 11:41 AM
    Estate Tax and gift tax
    My husband owns a house which we are living in together, and still have a big mortgage.

    If my husband adds me onto your deed for his house, is it treated as a gift and he or I have to pay gift tax?

    If he die without adding me onto his deed, do I have to pay Estate tax?

    If we get divorce without adding me onto his deed, do I need to give up the house even though I pay the mortgage with him? Or can I claim a half of the house?

    My husband and I are US residents, but we don't have Green card or US citizenship.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Jan 17, 2008, 06:39 AM
    Quote Originally Posted by Panshel55
    My husband owns a house which we are living in together, and still have a big mortgage.

    If my husband adds me onto your deed for his house, is it treated as a gift and he or I have to pay gift tax?
    No - there is an unlimited exclusion to the gift tax for gifts between husband and wife.

    If he die without adding me onto his deed, do I have to pay Estate tax?
    No - as with gifts, there is an unlimited exclusion for estate transfers between married people. [/QUOTE]

    If we get divorce without adding me onto his deed, do I need to give up the house even though I pay the mortgage with him? Or can I claim a half of the house?
    Would depend on what settlement you reach with your husband. You would certainly try to get as much of the house as possible, but the outcome would depend on factors such as who paid the down payment, was this before you were married, have there been any significant capital improvements and if so who paid for them, etc.

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