Hello everyone! I am looking for legal advice. The end goal is to add a my name to my spouses home while limiting exposure to any liabilities that may be incurred on my end and avoid any probate scenarios (joint tenants with a right of survivorship). I also do not want to be liable for any gift tax to the IRS! I am a W-2 employee at my own "S" corp. There is no "due on sale" clause in the mortgage outlines. The house and business are in the State of Rhode Island. Will a quitclaim deed accomplish all of my goals? If so, where do I get one written up and any specifics to look for in its content? Any help by legal council would be greatly appreciated! Thanks again.
Why would you want to do this? I prefer to keep names separate (on loans) so we can max out our number of conventional loans in each of our names. By having both names on a loan that will count for one for both of you.
Chris, your situation sounds complex - or at least not standard, bread and butter. My guess is that an attorney (which I am not) would recommend one of two things: Either you and your spouse holding title as tenants-by-the-entirety, or in some kind of trust.
The specific deed conveying title may be a Quitclaim deed or a Warranty deed, depending on how your spouse's interest was acquired, and is not exactly the same question you actually seem to want answered, i.e., the best form for you to hold title based on your circumstances.
As you may have expected when starting a post with "I am looking for legal advice", I'll give you the disclaimer that "I am not an attorney" and the standard - and in this case sincerely given - advice "you should seek an attorney to help with your specific situation".
An attorney is almost certainly not going to post an answer here without setting up a consultation to review your (and your spouse's) specific situation, though you may get a few who post their qualifications and invite you to contact them privately.
Sounds like you are in need of a trust to accomplish several goals encapsulated in one broad stroke. There are varying types. A reputable real estate attorney or even an estate attorney would be able to facilitate and set you up with the trust that best fits you.
Brandon Ingegneri, Contractor in RI (#41301)
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