Spousal Transfer Of Assets
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FAQ
The unlimited marital deduction allows spouses to transfer an unlimited amount of money to one another, including upon death, without penalty or tax. Any asset transferred to a surviving spouse can be included in the spouse's taxable estate.
Transfer of Property Under Hindu Law: If a husband passes away without a will, the property will be inherited by his legal heirs such as wife, children, and other relatives. The wife is required to obtain a Legal Heir Certificate from the Municipal Corporation to establish her legal right to the property.
Gift Deed. A gift deed is a legal document that transfers property ownership from one party to another as a gift. It's a popular option for transferring property to family members without involving money.
One such deed is the interspousal transfer deed. These are often used in the case of jointly-owned property, when ownership needs to be transferred from one spouse to the other, or between two spouses down to just one of the two.
The general rule is that property and funds transfers between spouses during marriage and in divorce are not taxable, except for post-divorce alimony. Gifts between spouses during marriage are usually not taxable, regardless of the amount. Brian McNamara is a family law attorney, not a tax lawyer.
