Property transfer to the family

Written by tessica cutchin | 13/05/2017
Property transfer to the family
To transfer property to a family member you must have a deed drawn up. (gavel image by Cora Reed from

Conveyance involves the transfer of property and must be legalised by drafting a deed. Even when you are related to whomever you will be transferring the property to, you must follow proper procedures to ensure that the property is legally transferred. An attorney should draft a deed and the deed should convey who is receiving the title, exactly what property will be conveyed, and who should sign the deed. Determining what will happen to the property upon the death of the deed and title holders will depend on what type of warranty will be applied to the deed. The deed will need to be categorised as either a warranty deed or quitclaim deed.

Choose a real estate lawyer.

Establish whether it will be a warranty deed or quitclaim deed. A warranty deed is used if you have the title of the property you plan to transfer it to your relative. A quitclaim deed is used if you do not hold a good title to the property that you have interest in.

Specify whether it will be a joint tenancy or a tenancy in common. A joint tenancy is used if their are multiple relatives that you are transferring the property to. If and when one dies, the property shall go to the surviving tenant. If a tenancy in common is chosen, the interest in the property is transferred to the survivor if a tenant (or in this case relative) dies.

Record the deed in the county in which the property is located. The deed should be recorded at the county recorder's office, land registry office, or registrar of titles. By having the deed recorded, it is registered and recognised by law. This completes the transfer of property to your relative.

Things you need

  • Lawyer
  • Deed
  • Title

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