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AA_Properties Category: Finance & Credit
Current Grade: B+
Total Views: 394
Member Comments: 4
Posted on: 06/20/2007
Posted by: AA_Properties
Blog Points: 13
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Hi,

I am a new investor and I am looking for some expert advice and tips.

I have been presented an offer to purchase property using my credit and my partner will finance all the upfront/closing cost.  After closing my partner will receive all funds they put into the deal, and we will split everything else in 50/50.  I will keep up with monthly rental months in a joint checking account.  My partner has requested their name be placed on the deed.  We plan to hold on to this property for a few years.

What should I do?

What type of written agreement should be in place before closing on this deal?

Current Grade: B+
Category: Finance & Credit
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Vieving 1 - 4 out of 4 comments
AA_Properties

Posted By: AA_Properties on 06/21/2007
Thanks so much for the advice.  This is still unfamilar territory for me and I appreciate everyone's response.  I will definitely take your advice.
 
Matt Miller - Content Director
Admin
Posted By: Matt Miller - Content Director on 06/21/2007

I wouldn't deed the property to them if you're responsible for the debt on the mortgage. Set up and LLC with each of you owning an equal interest in it, and deed the properties into it to protect both of you.

Good LUCK(laboring upon correct knowledge)!

-Matt

 
JohnBoy
Ambassador
Posted By: JohnBoy on 06/20/2007

This is just something remembered from ny background in real estate sales. I copied and pasted some info for you about ownership of the property.  It might help and it might not.  It's pretty wordy and I hope your up on your legaleez. Let me know what you decide.

Tenants in Common Defined

Quite simply, Tenants in Common is nothing more than a form of legal ownership of property. Some of the most common forms of ownership are as follows:

  1. Sole Ownership – Owned entirely by one person.
  2. Joint Tenancy – Property owned by more than one person. Each tenant has an undivided right to possess the whole property and a proportionate right of equal ownership interest. Title automatically passes to the surviving tenant at death.
  3. Tenancy in the Entirety – A special form of joint ownership that requires both owners to approve any sale of the property. The joint tenants are husband and wife and neither spouse can transfer their interest without the consent of the other.
  4. Tenants in Common – a form of ownership for two or more owners. The individual interests do not have to be equal and the owners enjoy a proportionate right to the property. Title passes to the estate of the deceased owner and the person named by the estate assumes their proportionate title to the property and becomes the new tenant in common with the surviving tenants in common.

The Tenants in Common structure is not new. The structure has, however, received considerable attention since the IRS revenue ruling (Revenue Procedure 2002-22), which essentially laid out the guidelines in which tenants in common investments should qualify as an eligible property for purposes of a 1031 exchange. Tenants in common owners are considered direct owners, are listed on the deed and are considered a direct owner in the property with an undivided interest. If the tenants in common owners invest in real estate, the owners receive their proportional share of the income, tax benefits, and appreciation of the property.

Tenants in Common investments are structured by “sponsors.” These sponsors script a Tenants in Common Agreement, which typically calls for employment of professional management. Major decisions regarding the investment property are determined by vote of the tenants in common owners.

 
crystalwillett
Ambassador
Posted By: crystalwillett on 06/20/2007
I've not worked with partners, but I'm sure someone on here has (Maria?) with great advice to give.  Let's see who steps forward!