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December 8, 2023
Question

Property gift to child who assumes the mortgage

  • December 8, 2023
  • 1 reply
  • 0 views

If I make a gift of real estate to my child, who assumes the outstanding mortgage, which values do I use on form 709? Also, the value has increased since I purchased; will I need a Schedule D for capital gains, and which values do I use there?

 

More details: the title transfers to my child; I remain as a guarantor on the mortgage where my child is the primary mortgage holder.

 

E.g.:

My cost basis = 1,000,000

Outstanding mortgage = 700,000

FMV = 1,200,000

 

Thanks you.

1 reply

December 8, 2023

have you checked with the mortgage company about transferring primary responsibility for payment from evidently you to your child? many would treat this as a sale making the mortgage due immediately. 

pokey99Author
December 8, 2023

Thanks for your reply. Yes, the mortgage company in fact suggested this route. The mortgage will belong to my child, who will be responsible (but I will remain a guarantor in the case of default).

Employee
December 8, 2023

Based upon your figures, and the assumption of the mortgage, the amount of the gift would simply be the FMV of the property on the date of the gift less the mortgage balance that was assumed (i.e., the equity in the property).