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  • Writer's picturePorter DeVries

How to transfer property to your children

Transferring real property to your children typically involves a legal process that may vary depending on the jurisdiction in which you reside. Here are some general steps that you may consider when transferring real property to your children:

  1. Determine the method of transfer: There are several methods of transferring real property, including through a sale, gift, or inheritance. You will need to decide how you want to transfer the property to your children and what the legal implications and tax consequences of each method may be.

  2. Obtain legal advice: It is advisable to seek legal advice from a qualified attorney who specializes in real estate law and estate planning. A lawyer can help you understand the legal requirements and implications of transferring real property to your children, including any tax considerations, and can guide you through the process to ensure that your interests and those of your children are protected.

  3. Prepare the necessary documents: Depending on the method of transfer, you may need to prepare and execute legal documents, such as a deed, a gift deed, a sale agreement, a will, or a trust. These documents will typically need to comply with the laws and regulations of your jurisdiction, and may need to be notarized, recorded, or filed with the appropriate government agency.

  4. Consider tax implications: Transferring real property to your children may have tax implications, such as gift taxes, capital gains taxes, or property tax reassessments. It is important to consider the tax implications of the transfer and consult with a tax professional to understand the potential tax consequences and any available exemptions or strategies to minimize tax liability.

  5. Comply with legal requirements: The transfer of real property is subject to various legal requirements, such as local zoning ordinances, building codes, and other regulations. Make sure to comply with all applicable legal requirements in your jurisdiction to ensure that the transfer is valid and legally binding.

  6. Record the transfer: Depending on the laws of your jurisdiction, you may need to record the transfer of real property with the appropriate government agency, such as the county recorder's office or the land registry office. Recording the transfer can provide notice to third parties and establish a public record of the change in ownership.

It is important to note that transferring real property can be a complex legal process, and the specific steps and requirements may vary depending on the jurisdiction in which you reside. Therefore, it is highly recommended to seek legal advice from a qualified attorney with expertise in real estate law and estate planning to ensure that the transfer is done properly and in compliance with all applicable laws and regulations.


Our team are experts at transferring property in Hawaii and we'll be glad to help you figure out the best way to proceed. Drop us a quick message so we can schedule a consultation: www.hawaiideed.com/contact

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