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Q: Title on Real Property ( No Answer,   1 Comment )
Subject: Title on Real Property
Category: Family and Home
Asked by: tom0000-ga
List Price: $20.00
Posted: 16 Oct 2005 16:29 PDT
Expires: 15 Nov 2005 15:29 PST
Question ID: 581049
I am currently the sole title holder to my house.  My daughter plans
to go to the county recorder to add her title to my house so that she
can take out a equity line based on the equity of house to pay off her
student loan. She is willing to prepare and sign an agreement and have
it notarized to disclaim any actual interest in my house after her
name is added to the official title paper of my house.  Is an
agreement of this nature a sufficient legal means to keep my daughter
from claiming any interest in my house in the future just in case?

Request for Question Clarification by denco-ga on 16 Oct 2005 19:42 PDT
Howdy tom0000-ga,

Any reason that you are not considering taking out the equity loan on your
property yourself, and then loaning that money to your daughter?

End result is the same, and there is no need to go to the cost/effort to
add your daughter to the title.

Looking Forward, denco-ga - Google Answers Researcher

Clarification of Question by tom0000-ga on 17 Oct 2005 09:39 PDT
My daughter's income is too high to allow her to deduct the interest
she pays for her student loans.  By adding her name to the title of my
house and then taking out a credit line on her name alone to pay off
the student loans, she can deduct the interest she pays for the credit
line.  This is the reason for her plan.

I understand that she will have to consent and sign papers when I want
to sell the house even though she provides a notorized agreement now
to disclaim any actual interest on the house and to promise completely
paying off the balance of principle of the credit line out of her
pocket in case the credit line is not completely paid off at the time
the house is sold.  My real question is, does the notorized agreement
legally void her right to share/claim any part of the proceedings from
the future sale of the house in the unlikely event she changes her
mind later for whatever reason.
There is no answer at this time.

Subject: Re: Title on Real Property
From: daniel2d-ga on 16 Oct 2005 19:55 PDT
Once she is on the title to the property she is part owner of the
property.  You cannot sell or do anything with the property unless she
consents.  Any statement she gives you after she is on the title is
without effect.

There is no reason she should be on the title.  If you want to leave her the home
the best way is through inheritance or creating a trust. 

College loans usually have some of the lowest interest rates around. 
If you want to help her pay off the college loans you can the home
equity loan in your name. Then see an attorney and loan the money to
your daughther and have her sign a loan agreement.

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