Serving all of California
Request Your Consultation | Se Habla Español | 中文
661-945-5868

Thompson Von Tungeln Legal Blog

Will putting real estate in my trust cause any inconveniences?

Posted by Thompson Von Tungeln | Feb 27, 2016 | 0 Comments

In most cases, you will notice very little difference. You may even find it easy to transfer your home and other real estate to your living trust, and to purchase new real estate in the name of your trust. Refinancing may not be as easy. Some lending institutions require you to conduct the business in your personal name and then transfer the property to your trust. While this can be annoying, it is a minor inconvenience that is easily satisfied.

Because your living trust is revocable, transferring real estate to your trust should not disturb your current mortgage in any way. Even if the mortgage contains a “due on sale or transfer” clause, retitling the property in the name of your trust should not activate the clause. There should be no effect on your property taxes because the transfer does not cause your property to be reappraised. Also, having your home in your trust will have no effect on your being able to use the capital gains tax exemption when you sell it.

It's also a good idea to change your homeowner, liability and title insurance to reflect your trustee as the new owner.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Thompson Von Tungeln is committed to answering your questions about law issues in California.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Menu