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TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
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Experience:  JD, MBA
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My brothers and I put our names on the title of moms house

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My brothers and I put our names on the title of mom's house a few years ago. Can it now be put back just into her name so that she can sell it?
Hello and thank you for allowing me the opportunity to assist you.

Yes, putting a person's name on the title to property is a fairly simple exercise. You and your brother can grant her a quitclaim deed which divests you both of any interest you and your brother have in the property.

You can retain an attorney for that, or even do it yourself with a quitclaim deed that you can download online, such as one HERE.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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Customer: replied 3 years ago.

For tax purpose if we do this, can she pay tax only on the amount she paid for it in 1955?

We are hoping that she could do this to save money for the memory care unit that she is now living in.

Hi again.

The tax basis would be the amount paid when she purchased the house. I am fairly certain she could make a good argument that putting you and your brother on title was just for accommodation purposes and that she was always considered the owner of the house. However, bear in mind that the first $250k of profit is not taxed.
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