Organizing a 50/50 Partnership for Our First Rental Property

Organizing a 50/50 Partnership for Our First Rental Property

MD (maryland) · Member since 2019 · 2 posts · 0 votes

Hi there! I've had a question on my mind lately about how to organize an equal, two person partnership. My significant other and I are interested in purchasing our first buy-and-hold rental property this year. We are currently not married, which unfortunately complicates this a bit more. We are planning to both sign the mortgage for any property that we purchase and we both would contribute equal amounts of capital to the deal. This part seems straightforward enough, but we aren't really sure how to manage any income, losses, or expenses that would occur as a result of us owning the property come tax season.

My first thought was to organize a two-person LLC with an equal split just to simplify the finances - with any proffit or expeness split 50/50 and taxes passed on to the individual members. However, it seems that purchasing a property as an LLC presents some challenges (primarily with financing). Can anyone speak to the process of purchasing a property via an LLC? My impression is that all members of the LLC would have to go through the underwriting process individually (that is, if the lender will even lend to an LLC in the first place, which it seems like many won't).

Are there other ways to accomplish this typ of partnership without an LLC? Could we just keep track of the proffits and expenses ouselves and each report our share of it on a 1040 schedule E come tax season?

PS - apologies if this isn't the correct forum for this question. I wasn't quite sure where to post it since it encompasses a few different areas (partnership structure, taxes & accounting, financing, etc.) but will happily repost it elsewhere if needed.

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Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
6y

You are pretty much there. My business partner and I are 50/50 ownership stake of our LLC. We split all expenses and profit 50/50. The bank won't loan the LLC anything. The LLC will own the property, meaning be the name on the title (if you want it that way). The bank will require that all partners personally sign for the loan. So the LLC owns the property and you guys will personally own the debt.

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  • Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    You are pretty much there. My business partner and I are 50/50 ownership stake of our LLC. We split all expenses and profit 50/50. The bank won't loan the LLC anything. The LLC will own the property, meaning be the name on the title (if you want it that way). The bank will require that all partners personally sign for the loan. So the LLC owns the property and you guys will personally own the debt.

  • MD (maryland) · Member since 2019 · 2 posts · 0 votes
    6y

    Thanks, @Jacob Sampson. If I'm understanding you correctly, it sounds like the only part of the transaction that would be any different is in our dealing with the title company at closing. I assume that this is a process that most title companies are familiar with?

    We plan on linking up with a real estate attorney and CPA in out in area who have experience working with real estate investors, just to make sure that our ducks are in a row before we start.

  • Investor · Topeka, KS · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    Yep, the title company should be very familiar with that process. We always use a real estate agent so they handle that part of it but if I am remembering correctly the by default the title company will put it in whichever name the buy/sell contract is in. So in your and my case the buyer on the contract is always my LLC. Either, way yes this is a very common scenario.

  • Scott WolfPro Member
    Lender · Boca Raton, FL · Member since 2014 · 1k+ posts · 956 votes
    6y
    Originally posted by @Jacob Ruppal:

    Thanks, @Jacob Sampson. If I'm understanding you correctly, it sounds like the only part of the transaction that would be any different is in our dealing with the title company at closing. I assume that this is a process that most title companies are familiar with?

    We plan on linking up with a real estate attorney and CPA in out in area who have experience working with real estate investors, just to make sure that our ducks are in a row before we start.

     Some banks may also change their lending parameters, despite the personal guarantee.  A Chase or BOA may not even lend on it, but a smaller local bank will.

    Good luck!

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