Rental Property (Asset Protection)

3 Replies

Hello fellow BP community,

  1. Is it fine if I obtain a rental property under my own name and then at a later date shelter that under an LLC or INC. structure?
    1. Or is it better to get it under the LLC or INC. from the very beginning?

Thanks in advance for any advice!

-Alonzo

Why wait? You will have additional costs (recording fees) when you place the deed under your LLC.

@Alonzo Garza  

This really depends on what kind of property you are using and how you hold title to it. If you are using financing, most lenders will not lend to an LLC for 1-4 units. On the other hand, they may REQUIRE you to put it in an LLC if it is commercial.

If you want to make a change at some later date to/from an LLC you will have to re-title the property and that may trigger a due-on-sale clause from your lender.

Many of us simply carry a large umbrella policy ($1-2 million) to cover our liability, and do things lawfully and ethically to avoid legal conflicts the best we can!

Thank you for your informative reply Curtis!  I actually already have a $1 Million umbrella policy on my primary residence dwelling which I understand from speaking w/ my insurance company I can actually move another property under after converting that umbrella policy to allow it (for little or no change in current premium).  I'll speak to my insurance agent and tax professional for the following 2 items:

Insurance - Can I shelter rental property under my existing umbrella w/o an LLC?

Taxes - Can I deduct all or 1/2 of the premiums paid for such an umbrella policy

Regards,

-Alonzo

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