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Commonly Asked Questions about Husband and Wife Real Estate Transfer

Californias Revenue and Taxation Codes calls for the payment of a County Documentary Transfer Tax on the value of all real property of which ownership is being transferred. All counties have the same tax amount, which is 0.11% of the value. The value is rounded up to the nearest $500 and then the percentage applied.
When spouses take title to real estate, New York law presumes that they own the property with rights of survivorship, called tenants by the entirety. An advantage is that creditors cannot put a lien on property owned by a couple as tenants by the entirety.
One approach to avoid the New York Page 2 2 transfer taxes is to turn the real property into intangible property through the use of a wrapper (e.g., a limited liability company (LLC), a limited partnership or a corporation).
New York State imposes a conveyance tax for the sale of properties or interest in real estate properties when the value or share surpasses $500. The state-level transfer tax (New York real estate transfer tax) is calculated at a rate of $2 of tax for each $500 of property value (or fraction of it).
In New York, the seller of the property is typically the individual responsible for paying the real estate transfer tax. However, if the seller doesnt pay or is exempt from the tax, the buyer must pay.
Is New York a Community Property State? New York is not community property or a 50/50 state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the states equitable distribution laws.
The typical reason to add your spouses name to your deed is to remove your property from the time-consuming and costly probate process, guaranteeing your spouse will get the property when you die.
The combined NYC and NYS Transfer Tax for sellers is between 1.4% and 2.075% depending on the sale price. Sellers pay a combined NYC NYS Transfer Tax rate of 2.075% for sale prices of $3 million or more, 1.825% for sale prices above $500k and below $3 million, and 1.4% for sale prices of $500k or less.