What are you looking for? 

Property Transfer

Author Message
dee

Guest







0.10 Dollars($)

PostPosted: Wed Feb 06, 2008 12:11 pm    Post subject: Property Transfer

Hello,
My divorced parents are giving me property to purchase a home. They are both still on the property and are signing a quit claim deed. The property was purchased for around 10k. I am hoping to sell it right away for 35-40k. 1. Do my parents split the value of the gift? 2. Is the value of the gift determined by the selling price of the property or do we need an appraisal? We live in Michigan and the property is in Tennessee.

_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
 
image
dee

Guest







0.10 Dollars($)

PostPosted: Wed Feb 06, 2008 12:14 pm    Post subject: Property Transfer

I apologize I believe I posted this in the wrong forum. Should I repost?
_________________
Need help choosing the right loan? Get free consultation from community lenders/consultant
 
image
Icon Mini Profile helping_user
helping_user


Joined: 31 Mar 2006

Posts: 722
Location: Hawaii


135.04 Dollars($)

PostPosted: Thu Feb 07, 2008 12:13 am    Post subject: RE: how to determine value of gift

Don't worry Dee, it's ok if you have posted it in this forum. But yes, this query was quite appropriate for the quitclaim forums.

Anyway, coming to your query, if your property is transferred as a gift (without you paying any money in return to your parents or may be you paid some money less than what you bought the house for), the value of the gift will be determined by the fair market market value of the property at the time of transfer.

The fair market value is the price that the buyer has agreed to pay for purchasing your property. This is usually determined by the comparative analysis. Know more... .
 
image
Icon Mini Profile jerry
jerry
Moderator

Joined: 17 Oct 2005



Posts: 551
Location: MICHIGAN


51.74 Dollars($)

PostPosted: Thu Feb 07, 2008 5:30 am    Post subject: RE: how to calculate gift/fair market value

helping_user, Dee can also go for an appraisal. In fact that's a better option to determine the fair market value of the home.

dee, please check out this forum thread to know How you can set the home value .

Thanks,

Jerry.
 
image
dee

Guest







0.10 Dollars($)

PostPosted: Thu Feb 07, 2008 2:36 pm    Post subject:

Thanks for the responses.

"by the fair market market value of the property at the time of transfer."
Can you clarify for this me? Is their gift to me the time of transfer and FMV will need to be determined then?
Also, my question about splitting the value of the gift. Do both parents have to claim the gift? Can my father only report the gift on his taxes.
 
image
Icon Mini Profile Samantha
Samantha
Community Mentor
Community Mentor

Joined: 16 Sep 2005

Posts: 1490
Location: MASSACHUSETTS


128.70 Dollars($)

PostPosted: Fri Feb 08, 2008 12:05 am    Post subject: RE: determine gift/property value

Hi Dee,

Quote:
by the fair market market value of the property at the time of transfer.

This indicates the fair market value of the property to be determined when your parents will sign the quitclaim deed over to you.

If both parents are on deed and they are signing as grantors, then both should be able to report the gift in the tax return form. Do they file jointly? Also, they won't get deductions for the gift. They would have to pay the gift tax if the property value at the time of transfer is above $12,000. However, there are other criteria for getting exemptions on such tax. Please look through the exemptions on gift taxes.

Regarding determining property value, there are 2 methods:

1. Comparative analysis:
Through this method, real estate agents/realtors compare the home on sale with comparable properties sold off recently in the neighborhood as well as with similar properties that are up for sale currently.

2. Appraisal: This method involves an assessment of the property in details. Here the appraiser inspects the property and verifies the property data with the help of public records. He also does a market analysis and evaluates property as per the guidelines.

Hope this helps...

God bless you.

Samantha

_________________
Know how to compare lenders with mortgage booklet
 
image
dee

Guest







0.10 Dollars($)

PostPosted: Tue Feb 12, 2008 12:10 pm    Post subject:

Thanks for all the information!

I still am unclear though... My parents are not married. They will not have a joint return. Can only my father report the gift to me?
 
image
Icon Mini Profile sara
sara


Joined: 05 Jul 2006

Posts: 1072
Location: New Brunswick, New Jersey


203.30 Dollars($)

PostPosted: Wed Feb 13, 2008 3:09 am    Post subject: RE: report gift

Hi Dee,

What I feel is, if your mom transfer the entire property to your father and your father then gifts it to you, then only the latter will be able to report the gift to the IRS.

Take Care
 
image
dee

Guest







0.10 Dollars($)

PostPosted: Wed Feb 13, 2008 2:56 pm    Post subject:

But... if they are no longer married and not related, she would have to report the gift to him???? I guess it would have been easier if they would have taken care of the deed at time of divorce. Oh well. Thanks for all your input!
 
image
Icon Mini Profile sara
sara


Joined: 05 Jul 2006

Posts: 1072
Location: New Brunswick, New Jersey


203.30 Dollars($)

PostPosted: Thu Feb 14, 2008 2:16 am    Post subject: RE:

What matters is, who are on the title. Whoever wants to transfer property has to be on the title, so are your parents. And that's the reason both have to report the gift to the IRS.

I hope you understand.

Take Care
 
image
Icon Mini Profile lisascherzer



Joined: 04 Jan 2008

Posts: 599



69.58 Dollars($)

PostPosted: Wed Feb 20, 2008 11:20 pm    Post subject:

Hi Dee,

If your parents have lived in the property for 2 out of the last 5 years then I would suggest that they sell it and give you the money. That way there are no capital gains tax. Just thought I would mention it just in case it might apply.

_________________
Lisa Scherzer
Allpointe Mortgage
Expert Mortgage Broker
440-521-7060
Get Mortgage Quotes
Compare 100+ Mortgage Lenders Here
Find Real Estate Agents
 
image
Icon Mini Profile freds11



Joined: 17 Mar 2008

Posts: 17



4.91 Dollars($)

PostPosted: Mon Mar 17, 2008 11:52 am    Post subject:

That is a good point. I never thought of that.
_________________
Looking at refinancing mortgage in the near future.
 
image
Quick Reply
Your Name
Subject
Message body

All times are GMT - 7 Hours
Page 1 of 1

 
Highlights
Helpful References
Mortgage Guide
Mortgage Terminology
Industry News
Book Center
Shop and Compare lenders
30 Yr. Fixed Vs. 5/1 ARM


Calculators     [View all]
Are you eligible for loan?
How much you can afford?
Calculate monthly payment
Calculate APR


Financial Tools
Credit Repair Tool
Mortgage Planner
Simple Budgeting Tool


Community Rewards
Five simple ways to earn money with the Mortgage Community.

MortgageFit Live Help

Explore the lender near you

Google Map Image

MF Talk

 
About Us  | Contact Us  | Our Blog  | Privacy Policy  | Testimonials  | Website Tools  | RSS Feeds  | Site Map 
We have chosen to apply the Creative Commons Attribution License to all works we publish.
This work is licensed under cc by 2.0