My wife and her sister will inherit their dad's home in CA. They already have a plan to utilize it as a long term rental. The question is how should the property be controlled between the two, specifically who should be on the title. Would a simple joint venture contract detailing how the property would be managed and finances handled suffice or should it be placed in an LLC that they maintain control of? Mostly looking for the easiest way to be able to manage the property while minimizing expenses. They do not plan on using a management company and would like to avoid the $800 a year fee in CA to maintain an LLC but understand that may be necessary. We will have a formal rental contract with the tenant and plan on a minimum of a joint venture agreement to cover ownership and equity, finances, management and responsibilities, decision making and resolution, and exit strategies.
Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 606 votes
7mo
Troy, for ease and lower cost, they could keep the property in both names as tenants in common and use a well-drafted joint ownership agreement to clearly spell out management, finances, decision making and exit terms. An LLC can add liability separation but it also adds cost and complexity and is often unnecessary for a single rental property if insurance and agreements are solid. I strongly recommend using a local CA attorney to review whichever structure they choose.
Sell it. IF it's inherited and free and clear, there's no tax. Then each sibling can buy their own rental and not be fighting each other when one wants to sell and the other wants to keep. Or have one buy out the other. Partners, no way.