How to transfer Bahamas property from father to son

June 4, 2021 10:54 AM

My dad owns an undeveloped plot in the Bahamas. He wants to give it to me. How do I find a lawyer to help facilitate this transaction?

I consulted a family friend who is a lawyer in the US. He advised me to find a lawyer in the US possibly in addition to, or instead of a Bahamian lawyer.

A few details that could matter:
- My dad is a Canadian citizen living in Canada
- I am a Canadian citizen and US permanent resident living in the US
- I may try to sell it reasonably soon, so let me know if you have ideas for how that could be accomplished especially if it is easier than a non-sale transfer.

Have you done this? Have you done something similar? What do I need to know?

posted by KevCed to Law & Government (1 answer total)

Bahamas is a former British colony and has retained the British legal system with regard to land transfers, which is NOT based on the Torrens system, but on the "chain of title" approach - which means that you really need a local lawyer to make sure that the formal compliance is properly done.

If you are likely to sell the property, I would not bother getting it in to your name and then on-selling - I would just have your father sell the property, especially as you are in the US and there could be a capital gains issue.
posted by Barbara Spitzer at 7:06 PM on June 10, 2021