Learn to protect yourself before buying a property with other investors.
- Daniel Raluy
- May 13, 2024
- 1 min read
Before buying an investment property with multiple investors, it is highly important to establish a specific ownership structure before you start sending offers. These are some common stipulations you should review with other investors.
Tenants in Common
One of the most common ways for multiple investors to co-own property in the US.
Each investor owns a fractional undivided interest in the property.
Investors can have equal or unequal ownership percentages.
Each investor is responsible for their share of expenses like taxes, insurance, and maintenance based on their ownership percentage.
Any investor can transfer or sell their ownership interest without consent from other co-owners.
Co-owners have the right to request a partition and force the sale of the property if there are disputes.
Joint Tenancy
Requires all investors to acquire their interests simultaneously and in equal shares.
Comes with the "right of survivorship" - if one owner dies, their share transfers to the remaining owners.
More difficult to establish than tenancy in common as clear intent is required.
Limited Liability Company (LLC)
Increasingly popular way for investors to co-own property while limiting personal liability.
The LLC, not the individual investors, owns the property.
Ownership interests are defined in the LLC operating agreement.
Allows flexibility in allocating profits/losses and management responsibilities among investors.
Provides asset protection by shielding investors' personal assets from liabilities of the LLC.
Regardless of the ownership structure, it's crucial for multiple investors to have a comprehensive legal agreement defining each party's rights, responsibilities, profit/loss shares, exit strategies, and other key terms to avoid disputes down the line.