All Topics / Legal & Accounting / Property – jointly owned – one living in, one investing

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  • Profile photo of MeganAdelaideMeganAdelaide
    Member
    @meganadelaide
    Join Date: 2009
    Post Count: 2

    Hi there,

    I've been doing a bit of googling and come across your site! Hopefully someone can help me with some answers before I pay to go see an accountant about my situation.

    I bought a house with a family member a couple of years ago (own it 50/50, pay the mortgage 50/50) and we both lived there.

    Earlier this year I moved out and bought another house with my partner where I now live.

    I view the other place as an "investment property" however my family member still lives there. I can't say she is renting it as she half owns it.

    Is there a way I can negative gear my half of the property while someone who is on the title and mortgage is using it as their primary residence (ie living there)? Apparently banks will not take someone off the mortgage so that doesn't seem to be an option. (I was thinking put it in my name soley and she 'rents' it off me).

    I'm paying a lot of money for my 50% of that mortgage (plus my new residence) and getting no return. Moving in a tenant to sharehouse is not fesible at the moment but would that help matters?

    Any advice on how I can better structure my 50% of the property would be much appreciated! At the moment it's a good long term investment but doing nothing for me in the short term.

    Many thanks,
    Megan :)

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    The other person is basically renting your 50% of the house. You should be getting rent for your share and can offset the expenses for your share.
    So it should be deductible – check with your accountant.
     

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of crjcrj
    Participant
    @crj
    Join Date: 2004
    Post Count: 618

    If you're not getting fair market rent from your relative and the property is not on the market for rent you have no tax deductions. 

    Profile photo of MeganAdelaideMeganAdelaide
    Member
    @meganadelaide
    Join Date: 2009
    Post Count: 2

    Many thanks Trevor, that is a good way of looking at it.

    They are paying half the mortgage crj, so it's at least double what market rent would be!

    Thanks for giving me an angle, I shall talk to an accountant on how to make it happen.

    :-)

    Profile photo of crjcrj
    Participant
    @crj
    Join Date: 2004
    Post Count: 618

    Your relative would need to pay half the mortgage (presumably because she owns half) to the bank plus half of the market rent to you.  The fact that she is paying a debt she owes does not make it income in your hands.

Viewing 5 posts - 1 through 5 (of 5 total)

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