Equity Sharing, The New Way To Own a Home!

A Little Help, Please

For first-time home buyers coming up a little short, here's one option: Share the wealth
By DIANA RANSOM July 9, 2007; WSJ

While most people want to own a home, young singles and couples often find it impossible to scratch together enough cash to make the purchase. More established folks, too, sometimes discover that the down payment for their dream house is just too big a nut to crack.
It doesn't have to be that way. Simple financial strategies exist that allow disadvantaged buyers to split the cost of a house by sharing the wealth.

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"We can do more when we join with other people's money," says Marilyn Sullivan, a real-estate attorney in Arroyo Grande, Calif.

Using a form of co-ownership known as equity-sharing, at least two people or entities can own one piece of real estate, and the second party -- often a family member or friend -- doesn't have to be a resident. Nor does the second party have to wait until the property is sold in order to benefit from the investment. Indeed, co-owners who itemize can use the arrangement to claim deductions on their income-tax returns.

Here's how to get by with a little help from a friend:

Basic Equity Sharing

In a traditional equity-share arrangement, one party occupies the property and pays for all of the expenses, while a nonresident investor -- typically a family member, real-estate investor or the property's seller -- supplies all or a portion of the up-front cash.

SHOULD YOU LEARN TO SHARE?
See a chart of questions you should ask yourself if you're considering equity-sharing.
Mom and Dad might agree to bankroll the down payment in return for a proportional share of the home's appreciation when it is sold. In some cases, the sellers may be willing to take on the investor role if they haven't been able to recoup the full value of their house.

Whoever the investor is, he or she will want to be named on the title along with the occupant. But the investor may not want to be named on the loan. Being on the loan, says Andy Sirkin, a real-estate attorney in San Francisco, may hamper future investments if the investor has other loans, since lenders generally consider excessive debt to be risky.

Once the overall financing is taken care of, there is the matter of rent -- and those promised tax benefits.

In equity-sharing, the occupant is required by the Internal Revenue Service to pay rent to the investor for the portion of the property that the investor owns. The amount depends first on what the property could rent for in the open market. Say the fair-market rental value is $2,000 and the investor's ownership stake is 20%. That means $400 a month is owed to the investor.

Then, if the investor pays for expenses such as insurance, maintenance, association dues and property taxes, the rent can just be considered reimbursement for those costs.

The investor can deduct those expenses from his or her taxable income in an amount equal to -- and in some cases exceeding -- the rental income. If the deductible expenses, which are considered "passive" investment losses, add up to more than the rent, the excess may be carried over to future years or taken as a deduction against other passive investment gains such as those arising from other rental income or the eventual sale of the property.

The success of co-ownership arrangements hinges on having a well-crafted equity-sharing agreement, which spells out various contingencies. The agreement "is critical for managing the tax complexities," says Matthew I. Berger, a real-estate attorney in Santa Barbara, Calif.

There are potential downsides for investors: If the value of the property has declined at the time of the sale, the investor must share the loss. In addition, "they are parking their money and aren't seeing any immediate profits," since the rental income is used to fund property expenses, says Mr. Berger.

Many equity-share or tenancy-in-common agreements, as they're also called, specify that the home has to reach a certain value before it can be sold. But the agreements can specify in some cases what both parties' responsibilities are if the occupant gets a job transfer.

At HomeEquityShare.com, a Web site that matches prospective home buyers with real-estate investors, individuals making successful connections receive a free equity-share agreement. Custom-made agreements prepared by an attorney can cost around $1,000.

Co-Occupiers
A second kind of strategy is known as a co-occupier arrangement, in which at least two parties fund a down payment, pay subsequent homeownership costs, occupy the property together and split the gains or losses from the sale of the home.

One caveat: Co-occupancy loans are typically shared, meaning if one owner skips town, the other is liable for the full loan.

"When you buy something with an unrelated person you are considered to be tenants in common," says Alexander Laufer, a real-estate attorney in Fairfax, Va. In this way of holding property, you can each sell your interest individually and designate who will inherit your interest if you die -- otherwise your share of the property would pass to the other owner.

Avoid Personal Loans
Parents might consider making the down payment themselves, thus avoiding the complication of sharing equity. But a parent can't give a child more than $12,000 a year without incurring gift tax.

Parents also might think about making the down payment a loan. But this is a bad idea for several reasons.

The interest payments on the loan -- especially if it's from Mom or Dad -- won't be tax deductible unless the loan is legally secured by collateral. Moreover, if a mortgage lender is already lined up for the purchase, that lender may see the additional loan as increasing the borrower's risk level, and so increase its rate.

And finally, the ability to claim deductions and avoid taxes in the event of a property exchange requires being co-owners of the property. Just lending the money, says Marc J. Minker, an accountant and financial adviser in New York, is "squandering a tax deduction."

--Ms. Ransom is a staff reporter for The Wall Street Journal in South Brunswick, N.J.