Divorce proofing a purchase through LLC / Buying in friend's name

Divorce proofing a purchase through LLC / Buying in friend's name

Bronx, NY · Member since 2016 · 58 posts · 60 votes

Hi BP Family

My friend's marriage has entered shaky grounds, and it might end up in a divorce in future. But he has come across this amazing rental property that he does not want to pass. He wants to transfer the money to me and wants me to buy the property all cash. After the divorce is over he wants to take possession of the house from me again. 

Some of the options we are considering:(in accordance with the BRRR method)

1) He transfers the money (about $60k) to me, I buy it all cash and after divoce, we do a refi and SOMEHOW (??) make him a partner   

2) I form an LLC, as me being the sole Member, use his money to buy the house in the LLC's name. And again, SOMEHOW (??) after divorce, and during refi, make him a partner.

 He is a very close friend of mine. With a well written contract and solid professional advice, I have no problem jumping in. 

 We will definitely take professional advice before jumping in. But I would love to know your views on it.

 My  concerns is, 

 1) Will it make the property divorce proof?

 2) What are the tax implications during these property transfer transactions ?

 The divorce is likely to be amicable and it is unlikely that the wife will come after him afterwards. But there's no harm in being extra careful.

 Thanks

 Sourabh

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Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
8y

You should not get involved in any way, in hiding assets from his wife.   Even though you are his friend, this is a potential liability for you.

Tell him to complete his divorce and there will be other deals out there.

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  • Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
    8y

    You should not get involved in any way, in hiding assets from his wife.   Even though you are his friend, this is a potential liability for you.

    Tell him to complete his divorce and there will be other deals out there.

  • Real Estate Investor · Tempe, AZ · Member since 2012 · 874 posts · 648 votes
    8y
    No, don't do this. But he could buy it in his IRA and conceivably keep it as his own separate asset. He needs to talk to his CPA.
  • Investor · Winter Park, FL · Member since 2017 · 171 posts · 165 votes
    8y

    I wouldn't touch this situation with a 10ft pole.  What happens when his ex-wife (correctly) alleges he hid assets from her during the divorce proceedings?  And you've admitted to it in a public Internet forum. 

  • Real Estate Professional · Las Vegas, NV · Member since 2017 · 27 posts · 39 votes
    8y

    Sound like a good idea to me.

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y
    Originally posted by @Walt Dockery:

    I wouldn't touch this situation with a 10ft pole.  What happens when his ex-wife (correctly) alleges he hid assets from her during the divorce proceedings?  And you've admitted to it in a public Internet forum. 

    "But we will definitely take professional advice before jumping in." At least the plan includes getting professionals to assist in defrauding the wife. 

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  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y
    Originally posted by @Dan Schwartz:

    No, don't do this.

    But he could buy it in his IRA and conceivably keep it as his own separate asset. He needs to talk to his CPA.

    If his IRA is marital property, which it likely is (at least partially), then there is no need to involve the CPA in this scheme and ruin his year.

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  • Real Estate Broker · Apopka, FL · Member since 2017 · 492 posts · 528 votes
    8y
    If he gets divorced, he's going to be showing up to 2 years of bank statements. If he has the $60k already, too late, it's in his asset column. Real estate doesn't make immediate huge profits, so if his $60k in cash changes to a $60k property, the only net change to his position would be any cash flow. If rehab and vacancy were necessary there may not be immediate cash flow, but with depreciation on taxes he won't likely gain income. If he buys it and doesn't get divorced until it appreciates in a few years, that's another story, but the "vanishing" $60k in cash isn't gonna fly in court. My "should be amicable" divorce took 18 months and cost me about $30k in settlement and legal....just a word of caution. I'm the son of a CPA and have paid way too much to lawyers recently, but am neither myself, so consult proper counsel.
  • Bronx, NY · Member since 2016 · 58 posts · 60 votes
    8y

    Thanks Guys for the response. I think my friend is leaning towards repaying his dad for the college expenses, and his dad buying the property .

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