Inherited home - rent back to one of the heirs

Inherited home - rent back to one of the heirs

Rental Property Investor · IL · Member since 2019 · 3 posts · 0 votes

My wife and brother-in-law recently inherited their parents house in IL.  They are 50/50 beneficiaries of the Trust that the home transferred to upon their mother's passing. 

BIL want's to move into the house, but does not currently have the means for a down payment, nor the credit to get a loan.   My wife does not need a lump sum payment at this time, so is willing to rent her half of the home back to her brother.  

She is well aware that entering any type of arrangement like this with family is risking a complete separation of any relationship should things go bad, but she want's to consider it still.    She would rather retain ownership of 50% instead of selling to him with owner financing.

What are some possible ways to structure the rent, taxes, etc so that it is fair to both parties.  His family and him would be living there so would be responsible for all utilities and general upkeep.   I imagine they would split any capital improvements.  

Advised my wife that whatever they agree on needs to be written up in a formal contract through a lawyer, but looking at the different scenarios that would make sense for this agreement.  What recourse would/could their be if he failed to make rent payments, given that he is 50% owner.  

Thanks in advance.



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Kerry Noble JrPro Member
Investor · Indianapolis, IN · Member since 2018 · 2k+ posts · 1k+ votes
3y

personally i wouldnt even bother. 

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  • Kerry Noble JrPro Member
    Investor · Indianapolis, IN · Member since 2018 · 2k+ posts · 1k+ votes
    3y

    personally i wouldnt even bother. 

  • Rental Property Investor · IL · Member since 2019 · 3 posts · 0 votes
    3y

    Wouldn't bother what?    

    They have to do something with the home.   If he doesn't agree to sell, then it get's messy.   Trying to figure out a way to structure an agreement so both of them are satsified (at least to start). 

  • Ned J.Pro Member
    Investor · Manteca, CA · Member since 2017 · 1k+ posts · 2k+ votes
    3y

    My position is NEVER EVER EVER EVER rent to a family member- it will end badly one way or the other. So unless you want to terminate that relationship, dont do it. 

    Sell the house.... let the brother take the $$ and use it to make a down payment on another home or pay rent somewhere else for however long her wants.

    Do not rent it back to him..... it will end badly 99% of the time. 

  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    3y

    If you are going to do this, I would figure out what market rent is and that is what the BIL should pay, deposited monthly into some sort of joint account that is only used for the property.  All expenses are paid out of that account.  The amount in the account and the house proceeds get split 50/50 at a future date.  The BIL has to get prior approval for any costs that are not standard (taxes, insurance, mortgage) and they would be reimbursed from the account, with receipt, if both parties agree.  Your BIL will naturally take on more maintenance duties, so your wife could take on the accounting duties.  Keep track of hours spent on the house and see how lopsided they are each year end and make any adjustments as both agree.  If you really want to be arms length, hand the house over to a property manager and treat BIL like a true renter.  You will forgoe the PM fees but it might be better for the relationship.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    3y

    You are going to have to get everything in writing.  I'd also include that if your wife wants to sell, that your brother in law gets first right of refusal as well as a set amount of time to come up with the money.

    Make a list of what needs to get fixed and then split that 50:50.  For any other repairs, figure out how those will be handled?  As your BIL is 50% owner, this can cause problems with him living in there if he wants to do upgrades, but your wife doesn't want to pay for it.

    As for incomes-treat it as you would for any rental that is 50:50 between two owners.

  • Michael SmytheBusiness Member
    Real Estate Agent · Metro Detroit · Member since 2023 · 4k+ posts · 3k+ votes
    3y

    Hire a PMC to try to keep out of the middle of it.

    Logical Property Management4.9460 Reviews
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