How to add a child to the deed
Adding a child to your deed takes one quitclaim. It also makes an immediate gift of part of your home, exposes it to their creditors and their divorce, and gives up a valuable tax benefit. Most people who ask for it actually want something else.
What people usually want
Almost everyone asking this wants one of three things: for the child to inherit the house without probate, for the child to be able to handle their affairs if they become ill, or for the child to be able to sell the house after they die. Adding them to the deed is a poor way to achieve any of them.
| What you want | Better tool |
|---|---|
| They inherit without probate | Transfer-on-death deed or lady bird deed |
| They can act for you if you're incapacitated | A durable power of attorney |
| They can sell the house after your death | A TOD deed, or a living trust naming them successor trustee |
| They will co-own it with you now | Adding them to the deed. The right answer here |
The four costs of adding them now
- Immediate gift. You have transferred a share today. Above the annual exclusion that means an IRS Form 709 filing.
- Lost basis step-up. Their share carries your original cost basis instead of the date-of-death value. On an appreciated home that is often a five- or six-figure capital gains bill.
- Their problems become your house's problems. Their divorce, bankruptcy, tax lien, or judgment creditor can attach to their share of your home.
- You lose unilateral control. You can't sell or refinance without their signature. If they refuse, or become incapacitated, you're stuck.
If you still want to do it
- Get the current deedFor the legal description and current vesting.
- Decide the vestingJoint tenancy with right of survivorship gives automatic inheritance; tenancy in common does not. How to hold title.
- Prepare a quitclaim deedFrom you to you and your child, with the vesting you chose.
- Notarize, record, and file Form 709Record with the county, then speak to a CPA about the gift tax return for the year.
The interview shows you both routes and what each one costs your family.
Common questions
Only if you use a survivorship vesting like joint tenancy, and only until the last owner dies. It is an expensive way to buy probate avoidance you can get for $69 with a transfer-on-death deed, without the gift, the lost basis step-up, or the exposure to their creditors.
They can reach your child's share, which in practice can mean a lien on your home and, in a bad case, a forced sale. This is a real and regularly experienced risk, not a theoretical one.
Only if they sign a deed transferring their interest back. They are an owner now, with all the rights that implies. If they refuse, your only route is a partition action.
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Deedly is not a law firm
We provide self-help software and state-specific statutory forms; you make your own decisions about your property. Using Deedly does not create an attorney-client relationship, and nothing here is legal advice. If your situation is complex or contested, talk to a licensed attorney in your state.