Real Estate
GUEST ARTICLE: How To Avoid The Curse Of The "Shared" Family Property

Having a shared vacation home sounds great for a family but there are plenty of potential traps. This item offers suggestions on how to avoid them.
Jill Shipley, managing director for family dynamics and
education at Abbot
Downing, the part of Wells Fargo that oversees the affairs of
ultra-high net worth individuals, looks at an issue that can
arise for families where they share properties. With summer
vacations coming over the horizon, and families heading off to
use vacation homes, certain issues come up. Here are some advice
points for families sharing properties. As always, the comments
of guest contributors aren’t necessarily endorsed by the editors
of this news service and readers are most welcome to respond.
Email tom.burroughes@wealthbriefing.com
A beautiful summer home on the beach or keeping a home of your
grandparents for all family branches to gather, relax and enjoy
sounds ideal. What happens when your cousin comes with her five
kids and three large dogs for a month? Or the taxes and
maintenance are being split equally and you barely use the
property? Or what if some family members leave the property in
disarray? Unfortunately sometimes a good idea intended to
bring the family closer together can, if not managed properly,
create more tension and conflict.
Consider these five tips to enjoy your property while also
maintaining the peace:
Get clear on the “why”. Be honest and talk to family members and
other co-owners about the “why”? If everyone has different
goals for the home and reasons to invest in it, the relationships
could be better served by not buying or selling. If all parties
agree, consider putting a formal plan in place that outlines the
agreed upon policies for how to enjoy the property in mutually
agreeable ways.
Plan for the unexpected. Sit down together and create guidelines
to ensure fair use of the property and manage potential
conflicts, include points such as expenses and financial
considerations (determine how expenses and capital improvements
are going to be handled?);
Scheduling and usage (who can use the home and when, how are holidays handled and can friends and extended family use the home?); standards of conduct: Cleaning expectations, quiet hours, dealing with damages and sharing property such as toys and bikes;
Decision making: who is involved in decision making, resolving
issues and dealing with conflicts? Who can assist with mediating
issues that arise?; remove the handcuffs: Include in the policy a
way for owners to opt-out. Sometimes life events make it
difficult for someone to take advantage of the property, such as
divorce or not being able to contribute financially.
Forcing connectivity and ownership can lead to greater
resentment and discord. Many families will agree to buy out
the sibling’s ownership in installments so the property can stay
in the family and other family owners are not faced with the
urgency of coming up with immediate liquidity.
Review and revise regularly: Having a policy is just the
first step. Some owners review quarterly and some less
frequently. We recommend reviewing at least every three years to
make adjustments.
Get tax help: Consider setting the property up as an LLC to
minimize liability and make transfers of partial interests easy
among parties invested in the property. You may also consider a
Qualified Partner Residence Trust that allows you to transfer the
property with little or no gift tax.
Most families and friends have shared properties to gather, laugh and build memories. Having a plan and getting some help to stay accountable can make a world of difference in achieving this goal. Having patience helps too.