Whatever the situation may be, the question remains the same… Should you add a loved one to your deed? This question is raised often with elderly parents who want to make sure the home stays in the family so they add their adult child to the deed. No matter what the situation is, there are a lot of factors that can come into play when adding someone to your deed. It is rarely recommended.
Whether you are contemplating marriage and decide to add your significant other to the deed to prove your trust and commitment or this is a second marriage and you want to add your new wife or husband, think about what it means… You are taking your most valuable asset and giving half of it away.
Legally, once you add someone to your deed, you are putting half of your home at risk. If your significant other has a car accident or suffers a financial setback and cannot pay their bills or has a legal judgment entered against them, their creditors can come after your home to satisfy their monetary judgments.
Another factor to consider is that once you have a co-owner, you cannot refinance your home unless the other person agrees and signs the loan documents. The co-owner’s credit score will be assessed along with yours. If it’s low, you may have jeopardized your chances of obtaining a loan at a better interest rate. Also, if you decide to sell, your co-owner will have to sign the listing agreement, sales contract and deed, among other papers, so basically, they will have a say on the sale price and contract terms of the sale and have to agree otherwise they may not sign.
If the situation is to make sure a loved one gets your home upon your death, they are probably better off inheriting the home rather than receiving half of it as a gift while you are living. In the past, the Internal Revenue Service has allowed heirs to enjoy what is called a “stepped-up basis.” That means that for capital gains purposes, your heir can take the fair market value of your home on the date of death as their basis (or acquisition value), and when they sell the home they will pay capital gains tax on the difference between their net sales price and the stepped-up basis.
When you gift half your home, your loved one assumes your basis as their new basis. If you bought your home many years ago, when prices were low, your basis may be very low, and thus when your loved one sells, there would be a much higher capital gain — and tax.
To be completely straightforward – If you really love someone, name that person in your will and make them wait to inherit your home.