All Topics / Help Needed! / Split Loan Vs Joint Loan ??
Hi,
I have recently decided to buy a half share in a property and was looking for the best financing structure, the 2 goals I want to achieve from the setup are 1) maintain serviceability for future investment, 2) avoid any taxation issues. After speaking with a few professionals the below is what I have come out with:
2 x loans for equal amounts, each loan in a single name with the other party as Guarantor for each other`s loan. Whilst we will not be jointly on each loan we would become contingently liable for each others half of the total loan, in addition to of course the 50% of the loan that is in each of our names.
If either of us did default on each of our loans that we are directly responsible for the guarantor would potentially be called upon to meet the commitment of the 2nd half of the loan.
Any comments on this would be greatly appreciated
Thanks
In terms of what would need to be stated on any future loan applications, lender applications generally only require a Statement of direct Assets and Liabilities – we would not need to state contingent liabilities and would maintain serviceability compared to a joint loan.
You are required to state any loans which you are providing a guarantor to still, as well as only factor in 50% of rent. This structure doesn’t resolve the serviceability issue.
Other than that, quite a common setup you’ve mentioned for these scenarios.
Corey Batt | Precision Funding
http://www.precisionfunding.com.au
Email Me | Phone MeInvestment Focused Finance Strategist - servicing Australia-wide
Terryw on this forum will probably have the answer for this but it sounds like an issue for future loans
Let’s say it’s $400,000 loan. You’ll be seen to be responsible for $400,000 with only $200,000 equity. Sounds to me like you’ll have more trouble getting future loans. You can get an agreement where the loan doesn’t show it but you both own and owe 50/50 through a solicitor I believe but using the guarantor idea doesn’t seem to me to have much benefit than a normal joint loan.
Yes guarantees generally count as loans for serviceability purposes.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
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