LLC Structuring Help

LLC Structuring Help

Member since 2023 · 7 posts · 1 vote

Hi I just closed on my first real estate investment property today! I formed an LLC with my dad and need some advice on how to split up ownership percentages. I found the property, handled the majority of the closing process, and am going to be the property manager. We are planning on adding my brother to the LLC. He has not been involved with the property so far but he has capital that he can contribute. We were able to get a home equity line of credit, so if we wanted to, we could essentially put no money down and use the income from the property to pay this and the mortgage off. If we did this, it wouldn't make much sense to include my brother since he has not been involved but I would like to include him as we are planning on acquiring more properties in the future. At the same time, I would like to be compensated for the work that I have and will put in. If we were to not use the line of credit, my dad would be putting the most money down so he would get the most equity. I would definitely prefer equity over getting a salary for the property management, but am just not sure how my work would equate in this situation. One idea that my dad had was that I would essentially put nothing down, and my brother and dad would put up 5-10k for the closing costs and we would split the ownership three ways. I am trying to figure out the fairest way to go out about this so we can have it written in the operating agreement. If anyone has any thoughts or suggestions, it would be appreciated!

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    2y

    Realistically, these are things that should have been discussed before you started. Changing things now is much harder. Let's break it down into two pieces, the LLC and the partnership

    The LLC

    Your current operating agreement should lay out ownership structures and contribution. It should also indicate how you might add or remove members. If it does not, there are only two solutions. 1) You could restate your operating agreement. I've twice asked attorneys to do that and both times they refused. They said it was a lot easier and better to simply create a new LLC to properly match what you are trying to do. 2) So, that is the other route, creating a brand new LLC.

    The Partnership

    The hardest ship to sail is a partnership, and there is no "fairest way" to do things.  There are so many pitfalls going into business with relatives, there have been books on the topic.  Changing things after you have already started the business throws up a bunch of red flags. These issues should have been ironed out in advance.  You are in dangerous territory. I would be very, very careful or holidays will suck forever.

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