Mortgages Made Simple with Rick Gundzik

Thursday, September 17, 2009
Capital gains and Equity Sharing - September 17, 2009
On this week's show we handle two interesting equity questions. The first is "You have a property that has substantial amounts of equity, you want to sell the property and move to another property, can the equity from Property A follow you to Property B without having to pay any capital gains? What other alternatives does this person have for using the equity?" Mortgages Made Simple logo

And the second question is "You've located a property that has lots of equity, you're intention is to take control of the property before someone else does. So you locate the listing agent, you team up with a money partner to fund the deal, you say to that person, hey I have a property under contract that has lots of equity. I need X amount of money to close the deal, would you like to be part of it? Would this be considered equity sharing or a deal structure for locating a private lender?"

The fist question is a capital gains tax question. Unfortunately, you can't transfer equity. But the tax law allows you to take up to a $250,000 capital gain without paying tax, $500,000 if married, on your primary residence. If the property is an investment property you can sell it and put the gain into a new property with no capital gains tax in a 1031 tax exchange.

The second question deals with an equity sharing type deal which were more common in the past but are almost unheard of today. Essentially you match up a borrower who doesn't have enough cash for a down payment with an investor who would like to share in the price appreciation of real estate without having to worry about tenants. In this case his tenants have an interest in the home so they have a reason to make the payments on time.

In today's environment lender guidelines are much stricter on where the down payment is coming from. This would more likely be a deal for a private lender, who is not as concerned with where the money is coming from just as long as it's there. If you wanted to structure this for conventional financing they would have to be co-borrowers but they must have some type of prior relationship. There is a website that matches up these types of people, but I'm not sure how or if they can obtain conventional financing.

If you have any questions you would like us to answer on our show, please call our listener line at 714-519-7833 or email

Please consult your tax adviser for tax advice.

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