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stjoe56

Title/deed on property

5 years ago

For years, I have told my daughter if she could find a ranch house on a large lot on which my wife and I could build a small house nearby, I would help her buy it. My wife wants to live close to the three grandkids, who are between one and half years and five yeats

Well, less than six months after buying our new condo, she found one last Monday. It is on two acres. Her entire family and me and my spouse inspected it and on Tuesday she had a signed contract.

My concern is how to protect our interest in the small house/ADU. (And yes, I did check, zoning allows us to build an ADU) we want to build.

  1. I am financing percent of the purchase price through a mortgage. My daughter and husband are putting down 20 percent. entire house. I am using a service to prepare a bona-fide loan and service it. It will be a 30 year loan at the IRS family loan rate. My wife and I will make her an annual gift to make the payments.

  2. My wife and I are going to build a 1200-1500 sq ft house. We want to make sure (1) we have the absolute right to live in the ADU and use the remaining land the rest of our lives.m For example our daughter could die and her husband wants to sell the property and move his family back east.

How would you title this property? Joint tenancy with right of survivorship for the four of us? We live in a community property state.

Thanks.

Comments (10)

  • 5 years ago

    This is a question best asked to a local real estate attorney. You should discuss with him or her your needs and concerns.


    The rest of us will just give you information based on our life experience and relationships with our family, which may differ significantly from yours. Also, the laws in our area may be completely different, and would affect what you want to do. For example, I do not live in a community property state, and it would not be helpful for me to tell you how it works where I live.

  • 5 years ago

    Not just a real estate attorney, but also an attorney specializing in wills and trusts. RE attorneys are used for sales transactions in some states, and that type of specialty may be of limited value to you.

  • 5 years ago

    Not sure if the loan to your daughter is impingent on the ADU being built. But there could be disagreement in the actual design and build of the ADU, so that might want to be addressed somehow now. Also you financing the ADU build will significantly alter (increase surely) the ROI for the property, so that should be addressed if there are other children/grandchildren for your estate.

  • 5 years ago

    Sounds like a disaster just waiting to happen to me. However to address your issues you need to follow the advice above about an attorney specializing in trusts who also has a real estate attorney in their office or at least a connection. Do not be surprised when the attorney will not do what you want. You can find one that will but there are so many red flags with what you are wanting to do.



  • 5 years ago

    Man I wish I had more time to write....


    Short version, don't do it that way!!!!


    Bless you for what you're trying to do. But please read what Kevin wrote again. And then buy the property yourself.

  • 5 years ago

    My parents did this. They moved across country to live near my brother. They purchased a property out in the country. They built a separate handicapped accessible home adjacent to the original home that could be joined by a breezeway. My brother, his wife and two boys moved into the main home.

    My parents paid for the first purchase. My brother paid to build the second structure. They deeded the entire estate to my brother. Twenty years later after my parents passed, my brother sold and he got all the proceeds and I had no interest. There are arguments both ways as to whether I should have received a portion of the estate. In the end, it was my parents decision. I don't agree but I have to respect their decision.

    At first, everything was okay. My father had a series of health setbacks and became wheelchair bound. My mother began to suffer from frontotemporal dementia. In order to protect my father's well being from my mother's aggression, we had to put him into assisted living. My mother remained in the accessory building. Because of the nature of her disease, my brother, my sister-in-law and my nephews lives became a daily living hell.

    You can do this. In theory it sounds like a nice thing. In practice, it's another thing.

    My suggestion would be to find another home nearby and purchase it. Close by, but not too close. Or, divide the two acres into two parts with your home on it's own plot. This way, there is no mixing of estates and financial interests. Should the marriage fail or a death occur, the two estates won't be co-mingled and it will be easier to deal with the consequences.

  • 5 years ago

    gonna give you another example (TX, community property state). Found 5 acres with two existing manufactured (mobile) homes. I liked, DH liked, grandson liked. I provided the down payment and mortgage; grandson made loan payments, I paid taxes and insurance. The agreement was that the property would be his 'early' inheritance (verbal agreement) "down the road'.


    DH died 22 months later (cancer) and I retired 30 months later. Grandson got married, they not only kept on paying but also took on taxes and insurance when I retired.


    They had a couple of kids, school district was terrible, kids went to private school. No families with young children nearby, talk started re selling/moving. I assured them I had no real 'emotional' love of the property. Grandson and wife went looking for a 'new' place, and specifically one that would be acceptable for me (re living quarters). Found a nice (built in the '60s) ranch home on .67 acre with a 900 sq ft garage apartment. Had me come look at it and it was either thumbs up or thumbs down strictly on me!


    Two years ago we moved, they rented out the 5 acre place, sold that property two months ago and for TWICE the price we/I bought it for. Thus I no longer have any real property in my name; I have 'free' living quarters (I pay for my utilities). I do have other grandchildren who will receive other assets when I die.


    So it can work, but whether or not it 'will' work always depends on the people involved.

  • 5 years ago

    I want to thank everyone for their suggestions. today i hired a real,estate lawyer to advise me in this situation.

  • 5 years ago

    I'm very happy to hear you've hired a lawyer and curious to see what he has to say going forward. Good luck.