Legal Question in Real Estate Law in New Hampshire
My partner was recently diagnosed with a terminal illness and we are in the process of transferring all our assets into my name. We want to do this with our house but need to understand if there are any legal or tax consequences of the change. We are both on the mortgage and paying it monthly is not an issue. Also, we happen to live in the state of NH which allows gay marriage but we have been advised to avoid marrying because it may increase my liability for his future medical expenses which may include years of long-term nursing home care. is this true?
1 Answer from Attorneys
There would possibly be a real estate transfer tax although it might be considered a non-contractual transfer which would avoid the tax. However, it might be a considered a gift under federal estate tax law which might affect the toal amounbt of your estate tax exemption.
As for medical bills, NH has a doctrine of necessities and a spouse may be liable under certain circumstances for the medical bills of the other. Both matters are fact specific. Based on the limited facts in your question, I cannot say with any certainty what the tax consequences would be and whether you would be held responsible for medical bills.
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