% Property Ownership

% Property Ownership

Gravesend, New South Wales · Member since 2017 · 1 post · 0 votes

My boyfriend and I bought a property 3 years ago for $445,000.  He paid cash for his 50% share ($222,500) and I got a mortgage of $222,500 for my 50% share (which I alone have been paying for the past 3 years).  So far, I have paid off $61,370 (principal) which leaves $161,130 remaining on the mortgage. My boyfriend has been able to save this amount of money over the past 3 years and we have decided that it would be better for him to pay off the mortgage altogether rather than me pay the mortgage alone for the next 10 years.  This will mean that he has invested more than myself into the property and I would like to make sure that we document this so it is fair for both parties when selling it in the future. During our time as 50/50 owners over the past 3 years, the property has increased in price to $500K. Should this 50/50 profit of $55,000 be included/considered when doing the new % calculation? What is the best way to calculate the new % ownership? Would we need to use the current property price ($500K) rather than the purchase price?  Fyi - his contribution is $383,630 and mine is $61,370 (which totals the purchase price of $445K). Apologies if I am making it more complicated than it is.  Any advice/calculations much appreciated.

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  • Peter MckernanBusiness Member
    Residential Real Estate Agent · Irvine, CA · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    @Alison Jones

    This is a little cloudy, but I can help you through what I think you maybe looking for on these questions. At this point you both should be owners of 50/50 on whatever the property is worth no and going forward if that is what you would it to be. If the whole deal is going to be worth $1,000,000 in five years (this is an example) you would both own $500k each.

    It sounds like you, or both of you are wanting to make sure that the property when sold down the road will be distributed evenly and there are no snags. I would suggest an LLC, you can form the LLC and detail in the operating agreement how you want to own the property 50/50, 25/75, 60/40, or whatever else you want to hold it as. Also, sometimes lenders get a little weird about switching that over to an LLC from your name. I would call the bank and speak to them on how they would like that to be done, and if you do get a response get that response in writing for future hiccups (if they come up).

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  • Investor · Jefferson City, MO · Member since 2015 · 43 posts · 14 votes
    9y
    In my opinion the fair way to handle this is to treat it as if a third party were coming in to buy a percentage of the property from you. Therefore, the sale of equity should be based on the value of the property at the time of the sale (500k). The $161,130 is worth 32% of the property, all of which is coming from your equity. At the end of the transaction your boyfriend would own 82% and you would own 18%. Don't forget he has already seen the appreciation on his original 50% that he originally purchased. From the information you provided I don't see why he would be entitled to part of your appreciation on top of that.
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