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

    Mar 29, 2007, 11:11 AM
    Gifting and Deed Transfer
    Can I buy a house and put my child's name on the title?
    arosemond's Avatar
    arosemond Posts: 3, Reputation: 1
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    #2

    May 16, 2007, 09:49 AM
    Quote Originally Posted by Ayyush
    Can i buy a house and put my child's name on the title?
    You and your child can be on the title together.
    Dr D's Avatar
    Dr D Posts: 698, Reputation: 127
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    #3

    May 16, 2007, 10:09 AM
    If you pay cash for the house, you can probably put your dog on the deed (title), but you will have a problem when you sell. If you are getting a mortgage on your purchase, the lender will require all people on title to be on the loan as well, requiring credit and other stuff. If the child is a minor, then he/she can't be on the loan. If you want to provide for transfer of the property to your child in the event of your death, chack to see if you reside in one of the few states that has a Beneficiary Deed. Usually it is a bad idea to put an adult child on the deed to your home. Such action could trigger the Due on Sale Clause; and if the child got sued, or had tax problems, you would put your home in jeopardy.
    AW805's Avatar
    AW805 Posts: 283, Reputation: 43
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    #4

    May 16, 2007, 11:02 AM
    I disagree with you Dr D: In Arizona, a minor cannot hold legal title to property. (and a I'm pretty a sure a dog can't either for that matter).

    Ayyush: Assuming you mean a child that is 18 years or younger, you should check your state statues -- contact an real estate attorney or title company.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    May 16, 2007, 11:43 AM
    My dog would most likely try and find a way to evict me if he was on my deed.

    But as noted what you can or can't do on a deed varies by state, if the state does not allow a minor on the deed, a trust can be set up in the minors name, and the trust can be nromally named as owner or part owner.
    jrpilt's Avatar
    jrpilt Posts: 3, Reputation: 1
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    #6

    May 16, 2007, 01:04 PM
    Beneficiary Deeds are the best or if you have a substantial amount of value, $600K, go for a establishment of a family trust. This will possibly cost a bit more up front, however save more in the end with taxes.
    Dr D's Avatar
    Dr D Posts: 698, Reputation: 127
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    #7

    May 16, 2007, 01:47 PM
    Dear AW805 - Your last post is DEAD WRONG. I have lived in and done business in sunny AZ for the last 30 years. It is perfectly legal for a minor (under 18) to hold title to real property. The minor just can't sell it until they turn 18. Also there is nothing to stop me from deeding a free and clear property to my dog, if I were stupid enough to do that. In that event, my heirs who would also get my dog would have a hell of a mess on their hands. Yes, I did check with my favorire escrow officer, who has been in the title business for a looong time, and she was in complete agreement with me. I got into the Arizona Revised Statutes online in an effort to drive in the final nail, but soon grew weary, and quit.
    AW805's Avatar
    AW805 Posts: 283, Reputation: 43
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    #8

    May 16, 2007, 06:22 PM
    Dr D.: I doubt that your favorite EO would prepare- let alone record - a deed that adds a minor child or a dog to an owner's property. Why? Liability. Yes it's true, you could head down to the Maricopa County Recorder's office with your dog deed in hand and more than likely get it recorded. The problem is validity -- and creating a defective title is your EO's worse nightmare. Adding a minor to your property opens a whole host of legal obstacles should you want to refinance, sell, in the event of death, etc -- which is why most attorney's would suggest a Beneficiary's Deed, establishing a Trust or Will for minor children. I would think in this type of formum, you would be careful of what you advise to the layman.

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