Forming a Partnership To Improve a Property I Already Own

Forming a Partnership To Improve a Property I Already Own

Investor · New York City, NY · Member since 2015 · 122 posts · 67 votes

I'm looking for advice on how we should structure a partnership on a property that I already own. It's a mixed use building, 8,000 SF with a 2 bedroom, 1-1/2 bath apartment. I've owned it for a number of years and have used it as a shop / artist space, secondary residence, but not as a primary residence for a number of years as it's located about five hours from where I presently live. My son and I would like to finish it out a bit, preparing it for sale sometime in the next year or two. During that process, he and his family would be living in the apartment. The plan is to cash out with each of us using our proportionate share of the after repair proceeds for our next individual investments. What is the best way to structure this so that there will be a fair and equitable distribution, considering that from this point on we would both be investing in the property, although I am the sole owner and that from this point on, he would be doing most of the work with periodic help from me on the major renovation projects? We also need advice on how we can both have the tax advantages of a real estate investment of this sort. At present, I write it off through my contracting LLC.

Thanks for any advice you may have to offer,

Wayne

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  • Investor · Panama City, FL · Member since 2015 · 378 posts · 183 votes
    11y
    You really need accounting and legal advice. Depending on how you structure the transaction could make it a taxable event with the transfer, and you may have to recapture your depreciation at ordinary income rates. To avoid all this you may just want to do a joint venture agreement. For example sometimes I Build spec homes. I partner with a builder but I own 100% LLC. I provide all the financing and do all the accounting work and they subcontract out the home, and we have a separate joint venture agreement which says we split profits 50-50. Lastly be careful with partnerships especially with family. The vast majority of them go bad at some point. One or the other feels like they're doing more work than the other, or start disagreeing over how much money should be spent on improving and upgrading.
  • Investor · New York City, NY · Member since 2015 · 122 posts · 67 votes
    11y

    Thanks, and I agree with you on all points, especially the risk in family ventures, a key reason I'm seeking advice and moving cautiously. in thinking that it's important to set a current value for comparison to the ARV, most likely through appraisal. Does that make sense as a starting point?

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