Buying rental property with my father - How to structure?

Buying rental property with my father - How to structure?

Rental Property Investor · Raleigh, NC · Member since 2015 · 51 posts · 15 votes

I'm in the process of buying the first of, hopefully, many rental properties and am financing it as a joint mortgage applicant with my father. As I understand, we can not apply for a mortgage in an LLC's name and after purchasing the property under our personal names it would violate the lender's due on sale clause if we were to transfer the property to an LLC that we owned. Therefore, it seems like an LLC is out. That said, I believe the easiest solution for us would be to form a general partnership (by default), file a 1065 return each year, and simply buy an umbrella insurance policy to guard against liability. However, is this the right approach in my situation?

Further, I know there are tenants in common, joint tenants with survivorship, etc. and am not sure how you "elect" those treatments separately from forming a partnership.  Can anyone shed some light on what direction(s) I should explore here?  

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Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
10y

I'd get some professional advice from a RE attorney and CPA. I am not one, but would explore the TIC election with % listed with a JV agreement. Keeps things pretty clean. Cover the Ds in your JV agreement - death, divorce, default, disinterest, drug use etc.

The most important thing is to have clear goals and expectations so Thanksgiving dinner never gets weird.  Far more important than some transaction is your relationship with your father @Michael Giuffre!

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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    10y

    I'd get some professional advice from a RE attorney and CPA. I am not one, but would explore the TIC election with % listed with a JV agreement. Keeps things pretty clean. Cover the Ds in your JV agreement - death, divorce, default, disinterest, drug use etc.

    The most important thing is to have clear goals and expectations so Thanksgiving dinner never gets weird.  Far more important than some transaction is your relationship with your father @Michael Giuffre!

  • Rental Property Investor · Raleigh, NC · Member since 2015 · 51 posts · 15 votes
    10y

    @Steve Vaughan thanks for the advice!  I plan to reach out to an attorney but just wanted to get some advice first from those who have gone through the process.  Appreciate the help.

  • Wholesaler · Fort Worth, TX · Member since 2016 · 23 posts · 0 votes
    10y

    I am a novice.  

    I have done several deals in the past  with partners that simply had multiple names on the deed with percentage ownership.  Such as,:

    John Doe 50% undivided interest and Sam Smith 50% undivided interest.

    My deals have not had a lot of transactions while held so the accounting was simple.

  • Professional · Lexington, MA · Member since 2016 · 136 posts · 43 votes
    10y

    @Michael Giuffre: You should get in touch with the commercial lending departments of financial institutions to apply for loans for real estate held in an entity, not your residential mortgage broker. They may still want your personal guarantees on the loan, but the investment will be within the entity with the loan appropriate to that requirement.

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