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Subject:
shared equity financing
Category: Family and Home > Parenting Asked by: abrahamecohen-ga List Price: $5.00 |
Posted:
20 Jun 2005 10:04 PDT
Expires: 20 Jul 2005 10:04 PDT Question ID: 535120 |
how do i do shared equity financing on my daughters new condominium purchase she is single-has govt job-short on ready cash-close family relationship-thinking 50/50 agreement-what are legal/tax ramifications/dangers thanks abe |
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There is no answer at this time. |
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Subject:
Re: shared equity financing
From: wordsmth-ga on 21 Jun 2005 14:30 PDT |
I'm neither an accountant nor a lawyer. You really should check with both. However.... You can set the arrangement up as you wish (for instance, 50/50). The question is--what are you providing in return? Presumably cash in return for equity. You should have a written agreement spelling that out. Identify in it your cash contribution and a method for determining equity. For instance, is it based on equity at time of purchase? Or equity at time of the agreement? In some real estate markets today, that can be significantly different. For instance, in the DC area, you might sign a preconstruction contract for a condo at $275,000; by the time it's finished it's worth (and others are selling at) $350,000. The agreement should also spell out the exit strategy. For instance, is the agreement for a specific period of time, or is it open-ended? And at the conclusion, in either case, what is she required to do? Sell the property? (That's the logical step, but what if she wants to hold onto the property as an investment. Is there a procedure for you to receive your equity, if you want it?) Again, I'm not a lawyer, but you may want to watch out for the balance between your contribution and your return. For example (repeat again, I'm not a lawyer), if you gave your daughter an inordinate amount of cash for 50% of the equity appreciation, the IRS might say that you really had given your daughter a gift, and there are tax consequences if such gifts exceed $10,000 annually. Another concern: It sounds as if she's already purchased the condominium. If so, and you now enter into an equity sharing arrangement, that technically could trigger a "due on sale" clause because you're now receiving an equitable interest in the property. Not too likely, but possible. One thing you might consider is having your daughter set up a land trust (a so-called "Illinois Land Trust"). She'd be the primary beneficiary. Then you could be brought in as a second beneficiary. It wouldn't trigger the due on sale clause...it is good asset protection in any case...and the other related documents could specify the terms that you and she agreed to. For more information, see http://www.landtrust.net. (They're set up primarily for real estate investors, but it's ideal in your daughter's case as well.) Hope that helps. |
Subject:
Re: shared equity financing
From: abrahamecohen-ga on 21 Jun 2005 16:49 PDT |
thank you will study up on land trust just had 79th birthday daughter will inherit enough to cover entire price of condo this is really looking to give her head start on a new setup |
Subject:
Re: shared equity financing
From: alex101-ga on 28 Jun 2005 17:29 PDT |
You've gotten some good input so far. However, do consider: 1. You have a lot to lose at 79, so make sure there is plenty of insurance...especially liability insurance. One drunken party and a car accident could hit your finances hard or wipe you out. 2. Both names on Deed, possibly with right of survivorship or not. You may be able to choose. 3. Do be careful about when you do this. For example, if you buy in after she has already bought it, there will be a sale from her to you and probably taxes due. 4. The gift possibility has been mentioned. You might also enjoy reading "The Millionaire Next Door" if you haven't read it already. It has a section on giving financial aid of sorts to the next generation which I found interesting. |
Subject:
Re: shared equity financing
From: karenkay-ga on 15 Aug 2005 14:25 PDT |
I am also considering helping my daughter with the purchase of a home. The big difference here is that I am 56 an I am looking at this as an investment and I fully intend to realize a pofit. My concern is if I have charge her rent. I will be a 45% owner, so do I need to charge her rent @ 45% of the going rate? |
Subject:
Re: shared equity financing
From: myoarin-ga on 15 Aug 2005 16:07 PDT |
karenkay-ga, Try posting a question. It will have a better chance of being answered. Myoarin |
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