Assignment:
Transfer of property is another area of real property where specific legal requirements have been enacted. The goal is to protect both parties in the transaction, as well as ensure that all necessary steps and conditions have been fulfilled.
Consider the following scenario:
John and Mary have recently celebrated their 50th anniversary, which has made them think about the vacation retreat that they have near a Colorado ski resort on the bank of a river. They have spent many happy hours and created lasting family memories. Now, as they are getting older, the couple would like to transfer ownership of the home to their three adult children before the couple passes away, rather than as part of a will. The parents want to restrict their children from being able to sell the property.
You know the following:
They have three adult children as follows:
Ann: 45, married, with three children, ages 12 and 10
Barb: 42, married, with three children, ages 15 and 12 (from first marriage), and age 3 (from current [second] marriage)
Charlie: 39, divorced, no children
Ann's marriage seems stable after 21 years
Barb has been married 5 years to her second husband; her marriage seems less stable than Ann's
Barb and her first husband have a difficult time working together raising the two children from that marriage
Charlie has had a number of girlfriends over the years. He got married at age 32 after dating his wife for 5 years, but once married, their relationship rapidly deteriorated and they were divorced within 2 years of getting married.
The property is worth approximately $1 million, and there is a mortgage loan on the property which has a remaining balance of $120,000 and 8 years remaining, with payments of $1,600 per month.
The house has four bedrooms and a sleeping loft that can sleep six in bunk beds.
In addition, John and Mary also desire the following:
They want to be sure that the property does not get out of the family.
They want to get this taken care of before they die so that their children don't have to worry about it.
They want to continue to have priority to use it when they want to. They use it less often than in the past, but nonetheless want to have first option to use it for any particular time, such as, for example, the third week of October.
All of the grandchildren like visiting the property, so John and Mary want to be sure that the house belongs to the grandchildren when their parents (Ann, Barb and Charlie) are deceased.
Because they are not otherwise making their children pay for the property, John and Mary would like their three children to assume the payments on the loan.
After reviewing this information, respond to the following:
Discuss the ways that John and Mary could accomplish their goals.
Discuss the advantages and disadvantages of different approaches; as well as risks that the goals might not be reached.
Discuss any additional information that would be helpful in deciding the best alternative.