Properties in 1 LLC (spouse) need transfer to new individual LLCs

Properties in 1 LLC (spouse) need transfer to new individual LLCs

Member since 2021 · 6 posts · 0 votes

Hi Everyone.  First question on BP so hoping some of you can shed some light and advise us in the right direction.  Here's hoping everyone's families are safe and doing as well as we all can, all things considered.  

When my domestic partner and I recently got into real estate, we set up a couple LLC's but ultimately 1 LLC bought the properties we currently own. She is the sole member of that LLC. Though we understand that some investors have one LLC for many, others have one LLC for each property. And then others do a hybrid of maybe 1 LLC for a couple rentals and maybe another for some rehabs they are working on.

There were reasons we felt this was the best way to get us started, but looking back, we probably should have structured our business differently. I am now looking to quickly and effectively transfer most of these vacant properties from her sole member LLC into newly created LLC's in the name of each property. I would be the sole member of these LLC's.

The new LLC's are being created as I type and our thoughts would be to quickclaim each property out of the current LLC into their new respective LLC. We will then have all new LLC's just owning one property each. Which makes the most sense right now based on current situations. We have never processed a quickclaim though we know it's extremely common, and we know exactly where the recorders office is in city hall.

Given what you have read above, and considering you were in this situation trying to achieve the same results, is there anything we are missing or that you would love to share. As for the field on a quickclaim stating the "sale amount" obviously we aren't looking at this like investor A is selling to investor B....but rather a more suitable setup and restructure....so how would you treat the "sale field amount" if you were transferring to new LLC's between you and your spouse/partner?

If it helps in any way, we are located in Missouri.  We are trying to move on all this this week, so we can't thank you enough for reading this and sharing any personal experiences/ideas.  

Be safe everyone.  JP

Though I have never processed a quickclaim,

0Reply
15 views

2 Replies

Jump to latestLatest
  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    5y

    @JP Christopher, first off its a "quitclaim" deed not a "quickclaim" deed. All you are doing is stating that you are giving whatever interest you have into the property to the new owner with no warranty.

    Since you identify this as being a transfer between domestic partners not married persons, I doubt any states laws would treat this as a transfer between family and exempt it from any costs or taxes. Some states charge a transfer tax (like sales tax on real estate with exemptions for transfers between family members). It appears your state does not. So, might be ok there.

    Transferring your property, you may need to pay for new title insurance to have coverage. That could be costly.

    Generally speaking since there are hassles and potentially costs associated with each LLC and the purpose is only asset protection. So, while it might make sense to hold a moderate sized apartment buildings in individual LLCs, it may not make sense for small 2-4 unit multi-families with little equity in each.

    So, I would think hard before creating a bunch of LLCs because you will need to manage bank accounts, records, bookkeeping for each of these separately. Some people create an additional property management LLC to help with this issue and for someone with a large number of units, that probably does make good sense.

  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    5y

    Your also looking at a transfer of ownership, which may likely be treated as a taxable event by the IRS.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.