Skip to content
Starting Out

User Stats

4
Posts
0
Votes
Mark Hoggard
  • Multi-family Investor
  • norfolk, VA
0
Votes |
4
Posts

New Property investor question

Mark Hoggard
  • Multi-family Investor
  • norfolk, VA
Posted Feb 15 2012, 19:55

This may be a dumb question, but i have triplex that i recently purchased with a close friend of mine. I am wondering how i go about making sure that if something happens to me, my rights will go to my wife and not my investment partner? thank you for the help!

User Stats

22,059
Posts
14,110
Votes
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,110
Votes |
22,059
Posts
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied Feb 15 2012, 20:00

You have formed a partnership. You should formalize that partnership with an operating agreement. It should address questions like this and many others. You may want to see legal assistance in creating a solid one. You may also want to create a formal entity, like an LLC. Note that this won't increase your IRS paperwork. You will file the same returns you have to file for your informal partnership.

User Stats

634
Posts
298
Votes
Ed O.
Pro Member
  • Investor
  • Statewide, MO
298
Votes |
634
Posts
Ed O.
Pro Member
  • Investor
  • Statewide, MO
Replied Feb 15 2012, 20:03

It sounds like you're in the honeymoon stages of things. This is a good time to put together a dissolution agreement, in the event that you and your business partner need to go separate ways. It's a lot easier now than when issues arise. I'm unfortunately speaking from experience. It should be worked into the operating agreement.

BiggerPockets logo
BiggerPockets
|
Sponsored
Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

User Stats

155
Posts
41
Votes
Replied Feb 15 2012, 20:05

Mark, it's not a dumb question at all. First, look to the deed in to you are your partner. Hopefully, you didn't take title in survivorship. If so, you need to get it changed. Most likely your attorney/title company requested you take title as co-tenants. This means that if you passed away your half interest in the property would have to be part of your estate and have to be probated in accordance with either your will (which you should absolutely have) or state law. If in your will you bequeath the property to your wife then she will basically step in to your shoes and be co-tenants with your partner.