Can You Sell Your House for a Dollar?
Explore the true financial and procedural complexities of selling property for a nominal sum. It's more than just a dollar.
Explore the true financial and procedural complexities of selling property for a nominal sum. It's more than just a dollar.
The concept of selling a house for a nominal sum, such as a single dollar, often sparks curiosity. Such transactions are possible within real estate, typically occurring outside traditional market sales. This practice usually involves specific circumstances, often between related parties, where the goal is to transfer ownership, not achieve financial profit. Understanding the implications involves navigating legal contracts, tax regulations, and the practical steps of property conveyance.
A core principle in contract law is “consideration,” which refers to something of value exchanged between parties to make an agreement legally binding. Consideration can take various forms, including money, services, or a promise. Even a nominal sum like one dollar can fulfill the requirement for consideration, making the contract enforceable. This is because courts generally do not assess the adequacy of the consideration, only its presence.
While legally permissible, a sale for a nominal sum is often treated differently from a market-value sale. Such transactions frequently occur between family members or close associates, often as a gift rather than a commercial exchange. The legal framework allows property transfer with minimal consideration, but it differs from a standard arms-length transaction. Deeds typically recite a nominal consideration, such as “$10.00,” to satisfy legal formality and maintain privacy regarding the actual financial arrangement.
Selling a house for a dollar carries significant tax implications, primarily because the Internal Revenue Service (IRS) generally views the difference between the property’s fair market value (FMV) and the nominal sale price as a gift. The seller, as the donor, is typically responsible for any gift tax obligations. For 2025, individuals can gift up to $19,000 per recipient annually without triggering gift tax reporting requirements.
If the gift component (FMV minus $1) exceeds this annual exclusion, the excess reduces the donor’s lifetime gift tax exemption. For 2025, this exemption is $13.99 million per individual, meaning most people will not owe gift tax unless cumulative taxable gifts exceed this amount. Even if no tax is due, exceeding the annual exclusion necessitates filing IRS Form 709 to report the transaction.
The sale price of one dollar impacts the seller’s capital gains or losses. Since the price is significantly below the property’s fair market value and likely below the seller’s original basis, the seller would typically realize a capital loss. However, losses on the sale of a personal residence are generally not deductible. The transaction is treated as a gift of equity, not a capital transaction for the full value.
For the buyer, the property’s cost basis is important for future capital gains calculations. When acquired for a nominal sum or as a gift, the buyer’s basis is generally a “carryover basis,” meaning they take on the seller’s original adjusted basis. This can result in significant capital gains tax liability if the buyer later sells the property for its appreciated fair market value, as the gain is calculated from the original low basis.
Property taxes are assessed based on the property’s fair market value, not the nominal sale price. Even after a $1 sale, local tax authorities typically reassess the property to its current market value. This means the new owner will pay property taxes based on the home’s actual value. State and local transfer taxes, sometimes called documentary stamps or deed recording fees, are also generally calculated based on the property’s fair market value.
Transferring ownership for a nominal sum involves several procedural steps. A new deed is fundamental. Common deed types include a quitclaim deed, which transfers the seller’s interest without title guarantees, or a warranty deed, which provides a clear title guarantee. A quitclaim deed is often used between related parties, while a warranty deed is typical in arms-length transactions. The deed must reflect nominal consideration, be signed by the seller, and typically requires notarization and sometimes witnessing.
Addressing existing mortgages is important in a nominal sale. Most mortgage agreements contain a “due-on-sale” clause, allowing the lender to demand immediate loan repayment if ownership is transferred. A $1 sale does not eliminate the mortgage obligation. Transferring property without lender consent could trigger this clause, potentially leading to the loan being called due or foreclosure. Therefore, the mortgage must be paid off, refinanced by the buyer, or the lender’s explicit approval obtained.
Conducting a title search is important even for a nominal sale to ensure clear title and no undisclosed liens. While not always legally required for non-traditional transfers, a title search protects the buyer from future claims. Purchasing title insurance also provides protection against unforeseen title defects.
The final step is recording the deed with the appropriate county or local land records office. This public record provides notice of ownership change. Recording fees are typically charged and vary by county. Transfer taxes, if applicable, are also due at this time.