Joint property with parent

Hi all,

LOL didn't know whether to post this in finance, legal or tax section - so posted it in 'Other' instead. :)

My spouse's father (FIL), in his 70s, has been toying around with an idea for a while and is keen to put some serious thought into implementing it. Would appreciate your opinions on it. Very early stages of planning and we will obviously seek advice from our accountant, broker, solicitor etc, but wouldn't mind sounding it out on SS first (doesn't everyone?). ;) FIL is also seeking advice from his finance people and solicitor.

In short, FIL is keen to buy investment property with the view that my spouse will inherit it when he passes away. He is planning to:
- access equity in one of his fully paid off properties for LOC (say ~$200K) with Bank A, use these funds for 20% deposit and costs
- purchase investment property on 80% LVR and loan with Bank B (ie. ~$400K)
- both loans' interest and costs to be paid off from Bank A LOC, and rent paid into this also (so capitalising interest)
- property neutral or paper negative geared (depreciation)
- purchased as Joint Proprieters b/w FIL and spouse, so spouse will automatically get full ownership later on
- spouse to claim 50% of any negatively geared proportion
- FIL to take out both loans in his name only

So in short, no one will really need to be putting out cashflow as LOC will absorb costs. With my spouse getting tax benefits if applicable.

My Qs:

1) FIL wants to take out loans in his name so that my spouse's serviceability will not be affected. He is a self-funded retiree with substantial super and assuming some of the rent will be taken into account, do you think there will be any difficulties taking out these loans?

2) Any implications with having 1 name on the mortgages, but 2 on the title?

3) Assuming as Joint Proprieters, my spouse will automatically own the full title when FIL passes away, what happens to the mortgage in FIL's name? ie. goes to his estate? bank will want to sell as mortgagee sale? specify in will that mortgage to be passed onto my spouse?

4) Any suggestions as to other ways to approach this?

FIL is being very generous (bless him) and we want to make sure this is planned properly from the outset. Once again, I stress we will get proper advice, but want to throw ideas out here first. Cheers.
 
Sounds complicated. If the father in law has substantial super and other property, why does he have to buy this specific one for your spouse? Why not just put her in the will? Are there other siblings?
 
Yes does sound complicated doesn't it?

I think he wants to set it up that way so that:
a) no CGT when transferring property into spouse's name later on
b) any tax benefits can be claimed now by spouse

My spouse has a sister and FIL is planning to do a similar set up for her.
 
I would have thought a testamentary trust would be much more tax effective, especially if your spouse and the sister has children. Professional advice is needed here.
 
I would presume that your partner can not claim half the interest expense if the loan is in the name of the FIL. I'd seek some advice from an accountant with this.
 
If spouse on title and not on loan then the spouse will have to provide a guarantee.

Most lenders ( but not all) will considerher liable for ALL the debt, and will only give her half the income ( joint and several liability)

WOuld be better if the property were more % in spouses name from that POV.

I assume FIL has good cshflow from self funded retired benefits or is still working near full time.

ta
rolf
 
how can the spouse claim negative gearing when they dont have the loan. Unless the depreciation is gretaer than 50% of the rent.

Unless there was a seperate loan agreement between FIL & Spouse
 
I have just done this with my father on the gold coast.
We picked up a wonderful bargain on a block we can subdivide later on and put a duplex on.
50/50 ownership
We both put 50K in and the property is neutrally geared I mainly see this as a stepping stone to build my portfolio and he sees this to.
All I can say is do it.
What the worst that can happen Make some money or get some cash flow for the rest of your life?
 
I would have thought a testamentary trust would be much more tax effective, especially if your spouse and the sister has children. Professional advice is needed here.

Thanks for the suggestion. Will need to do a bit of reading on trusts then.

I would presume that your partner can not claim half the interest expense if the loan is in the name of the FIL.

Gearing benefits are defined by ownership of the property, not by who's on the loan.

you still need a loan somewhere. The accountants would fix that up at end of year by letting fil loan $$ to spouse....all on paper

Hmm... I was always under the impression that gearing benefits were defined by the legal interests in the property? ie. the Title, not mortgage.
 
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