How can I pass my house to my children if I still own on it. I have about 6 months to live

UPDATED: Oct 1, 2022

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How can I pass my house to my children if I still own on it. I have about 6 months to live

I want to give my house to my youngest son who does not work and has no available options to support himself. However I still own 145,000 on my mortgage.

Asked on December 12, 2017 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't give it to anyone without the mortgage being paid off. When you sell the home or otherwise transfer it (e.g. try to quitclaim it), or if you have it willed when you pass away, the mortgage comes due: the home cannot be transfered to anyone without paying the mortgage. If the mortgage is not paid on transfer, the lender will be able to foreclose on it. You cannot make the lender's right to be paid $145k or their right to take the home if not paid go away.

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