Lincoln, CA asked in Real Estate Law for California

Q: My husband and I would like to sell our 2 rental properties. We are 50/50 owners with a friend

We plan on moving out of CA within next few years and would like to sell. Our partner would like to hold on to them and buy us out. Is this a simple process? Can we just agree on a price and move title over to him and he buy us out? Or is there a lot more involved? We have been splitting revenues and paying taxes 50/50 since purchasing 10 yrs ago.

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4 Lawyer Answers
George W. Wolff Esq.
George W. Wolff Esq.
PREMIUM
Answered
  • San Francisco, CA
  • Licensed in California

A: You usually would need a sales contract and disclosures etc to avoid possible problems in the future.

Who has been managing the properties?

If you can't agree on terms, you could file a partition action in Court and have the properties put up for sale in full, which might fetch a better price.

Marco Antonio Torres
Marco Antonio Torres
Answered
  • San Diego, CA
  • Licensed in California

A: It should be a simple process if you all parties involved can arrive at an agreed upon sale/purchase price. However, be mindful that there could be tax consequences - you should speak with your tax accountant to determine what they may be and if you should consider doing a tax deferring IRC Sect. 1031 exchange.

John T. Kontrabecki
John T. Kontrabecki
Answered
  • San Francisco, CA
  • Licensed in California

A: It depends on how you hold the title. If you are tenants in common, then you can convey your interest by deed. However, if you have a partnership agreement, then transferring ownership will be governed by the partnership agreement. Most likely you will assign your interest in the partnership to the buyer.

I would encourage you to have a written agreement that spells out the terms of the deal. There are also possible tax implications that you should run to ground with your accountant. Finally, I would conduct the transaction with the help of a title insurance company, get a preliminary title report, open an escrow, and get the title insurance updated upon closing.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Berkeley, CA
  • Licensed in California

A: Yes, it is as simple a process as you can make it. But if there is a disagreement as to value or FMV then you will have to get an attorney ASAP. Best of luck.

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