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Updated 6 months ago, 07/17/2024
finance contributor partner JV flip, should I be on the title? or just 1st position?
I will be a finance contributor partner in a JV flip. I will contribute money for buying and renovation, and the partner found the deal and will do management of the project, split is 50/50. My question is: is it safe for me to be just put a lien on the property, instead of put my name on the title?
This is the 2nd deal I do with my partner. On the first deal, my name was on the title, hold 50% of the property, but I found it's annoying to be on the title. Here is our first deal:
- We each hold 50/50 of the property on the title (I contributed 80% of downpayment, and he was supposed to contribute 20% to the downpayment, and we got a hard money loan)
- after we sold the property, I had to fill out the 539 form for withholding tax in CA.
- The partner brought in a cash contributor for his portion (let's say A, who got 50% of my partner's profit, basically 25% of the profit) to the deal and put a lien on the property. Escrow paid the lien off, the hard money loan, then the rest is our seller's payout.
- I got my cash contribution back from the seller's payout, + 50% of the profit. A got 25% of the profit.
I like A's position better than putting myself on the title. Then I don't have to fill out 529 form for tax withholding. If we just put a lien or a deed of trust on the house. for example, a 300k house, 50k renovation. I will contribute 350k. I put 350k as a lien on this house, with draw schedule for renovation, get paid back of my 350k at close of escrow, then get paid 50% of the profit.
I think this will make my tax filing easier. Is there any risk not putting myself on the title?