Buying Property with In Laws

Buying Property with In Laws

Member since 2022 · 6 posts · 1 vote

Hello,

My wife and I have always wanted a property with land (approximately 10 acres) in South Central Pennsylvania.  

My wife’s parents live a few houses down, and because of the grandkids, are at our house nearly every day.

Because of their financial situation, and our desire for land and to provide housing security to them as they age, we have agreed that our at our next property, we will have an in law facility where they can live and retire, mortgage free through the rest of their life, in agreement that the equity in their current home would be given to us in exchange to go towards the purchase of the property.

The thought was for them to sell their home to have the liquid assets on hand, and then them live with a relative, who has also agreed to for a mutually beneficial reason, so that when a desirable property arises, we could buy the land, and my wife and I sell our house to roll in our assets to the purchase of the property.


Prior to any sales, purchases, etc., I would like to understand the best way to navigate this scenario from a legal and tax perspective to minimize the tax burden and ensure both parties are protected.

Has anyone navigated this scenario and can anyone provide any tips?


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Joseph PalmieroBusiness Member
CPA · PA · Member since 2023 · 151 posts · 115 votes
3y

Depending on your wife's parents current heath and net worth it also might be wise to review this plan with an elder law attorney so that there are no suprises if they need nursing home care down the road.

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  • Lender · Catskills / Hudson Valley / Greater NYC Metro · Member since 2023 · 24 posts · 11 votes
    3y

    Hi @Andrew Wilfong, this makes a lot of sense. I can definitely help. One clarification: the plan is for your parents to sell their home then use the cash to help fund the equity in the new home? Would they have an equity stake in the new home? 


  • Member since 2022 · 6 posts · 1 vote
    3y

    Hello,

    Thanks for your help!

    To answer your question, the original agreement is that In Laws wouldn’t have equity stake in the new property in exchange for early retirement and housing security through end of life.

  • Investor · Pittsburgh, PA · Member since 2015 · 1k+ posts · 1k+ votes
    3y

    @Andrew Wilfong you should see the advice of your Estate attorney and your accountant. I am not an expert but you need to plan ahead for estate reasons and tax liability. Maybe putting in a trust would be a good idea. Seek advice from those professionals. Also consider talking to your life insurance expert. 

  • Member since 2022 · 6 posts · 1 vote
    3y

    Thank you very much!

  • Accountant · Edina, MN · Member since 2020 · 172 posts · 97 votes
    3y

    Without careful planning, your inlaws would be at risk of paying the capital gains rate on the gain of sale. There are exclusions that they can qualify for but it's important to seek the advice of an expert. There are also more complex strategies that can be set up and potentially eliminate all the gain. If you're involved in the purchase/sale, related party rules should be considered.

  • Member since 2022 · 6 posts · 1 vote
    3y

    Thank you!

  • Joseph PalmieroBusiness Member
    CPA · PA · Member since 2023 · 151 posts · 115 votes
    3y

    Depending on your wife's parents current heath and net worth it also might be wise to review this plan with an elder law attorney so that there are no suprises if they need nursing home care down the road.

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