You will have a hard time legally holding a person responsible for a loan that they are not on, even if you have a separate contract. If one person gets the loan, then the partnership needs to be structured such that it is extremely clear the order in which expenses will be paid on an ongoing basis and in case of insolvency. An LLC with a good operating agreement usually accomplishes this. I would have the operating agreement drafted by a local real estate attorney who knows your state's laws and you can explain to the attorney how you plan on funding and operating the business.
My business partner and I have multiple companies that perform different functions:
- We have an LLC the funds our real estate deals, using either cash from the LLC owners, or raising cash through promissory notes secured by 1st and 2nd position notes and mortgages/trust deeds (Hypothecation).
- We have an LLLP (Limited Liability Limited Partnership) that we use to purchase properties to flip.
- We have an LLC owned by a C corp that acts as the holding company for our long term buy and holds.
- We have an LLC that provides real estate deal management services.
All of the companies are associated with each other, but we use different business entities based on the function of the company and to provide liability coverage (managing and shifting risk).