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Post Info TOPIC: Can you guys give me your thoughts on something?


2011 Super Bowl Champions!

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Can you guys give me your thoughts on something?


My sister is buying a home with a cousin.  They're both figuring that it will be nice to have their rent go toward something instead of out a window.

But here's the thing.

They want to get a duplex, and my cousin is figuring he'll take the smaller apartment (any duplex USUALLY has one apartment that's a different size from the other).

Now he's thinking that since the place they've decided on has a considerably smaller upstairs (about 70% the size of the first floow apartment) that he should pay less of the mortgage.

Of course my sister, by having the bigger place, will pay a lot more in heating costs.

She's willing to pay more, but not quite as much as he'd like her to pay ($800 to his $600).

So the question is this, what do you think is fair in a situation like this?

I mean, they'll own the home together, so when they sell down the road they both stand to make a profit off the equity. 

I told her if she agrees to that kind of split then she has to get it in writing that she owns the bigger percentage of the home too.

But is that fair?  Since she's actually using more of the space should she pay more and still consider it even as far as ownership?

I'm just not sure.  On one hand I think of it as an investment and it should be 50/50, but on the other hand she is getting use of the nicer apartment, there is some value in that right?

I have to run out and look at the car, but I'm really curious what all your thoughts are on this.  I'll check em' out when I get back.

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Grand Poobah

    



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oh she should pay more if she's getting the bigger place. but they should split the money when they sell 50-50, because it belongs to both of them equally.

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Is the cousin just now bringing this up? Don't they close on it today? I'd say this is a little late in the process to be negotiating that.

Now, if for some reason they just found out that the apartment he's taking is inferior, then I would say it's fair to split the price differently. In that case, I'd look at the going price for an apartment in each of the sizes and base the difference off of that.

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The Good Witch Of The South

    



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50 50 seems fair. But I would never want to live with family and deal with money and investments. But then again not all families are flakes!

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It makes sense that she should pay more for the bigger place, but it also makes sense to me that if she's paying a bigger share of the mortgage, she should own more of the home.

Thats a sticky one.



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As I think some more, what I mean is that I think it should be ALL 50/50 or ALL a percentage more.

If they are going to do a certain percentage more then, I think Erica should pay that much more down payment, that much more payments, that much more maintenance, and thus own that much more of the house in the end.

I guess if she really wants to go the 50/50 route then she could let him have the bigger place and they'll both be happy.

I would think that buying a house with another person in both names when you are not legally married will almost always result in problems of some kind like this.





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Cuff 'Em N' Stuff 'Em

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I want a house in Milw. tears.gif if this is all you need to comeup w/ for mortgage payment.

-- Edited by darleneapd at 13:23, 2008-08-15

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Bad Biker Granny



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Interesting. The duplexes around here tend to be of equal size because they tend to be side by side units, not upstairs downstairs.

If the size disparity is noteworthy, then I would say that the person with more room should pay a higher percentage of the mortgage because in the rental world, that space would cost more. It should also follow that this person should get a greater percentage of the proceeds from the sale of the duplex because that person had a more substantial financial outlay and at least in theory higher maintenance expenses.

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Permanent State of Confusion

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I agree with Mema and Web.

50/50 split = same of profits

Higher % of ownership (mortgage) = higher % of profits

If they do decide to do the 60/40 split (or whatever they agree upon), it MUST be in writing, in case something should happen or even when they choose to sell it down the line. If it is not in writing and signed by both parties and at least one witness, it will not stand up in court. It would not be fair to your sister to lay out the extra money all along and get screwed in the end.

I think it makes sense that whomever has the bigger section of the house, pay and get more.

But I beg of you to beg of your sister to please get any changes to the split in writing. And with preferably two witnesses, who will sign as witnesses.

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Something else that hasn't been brought up: Can Erica handle the extra $100 a month? If she budgeted and went into this whole thing expecting to pay $500 a month and then all of a sudden has to pay an extra $1200 a year, this could put her in a bind.

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Cleverly Disguised As A Responsible Adult

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Just one question - does the remaining property - yard, parking, basement, etc. - have a 50/50 split as well? If I were in her situation, I would weigh this out as well as any impact on utilities, if joint. How many people "living" upstairs versus downstairs can have a pretty significant impact on anything shared and changes the game. If she hasn't already, she should talk to the realtor/attorney about the implications of ownership in an uneven split on the mortgage and make sure the cousin understands that, if you pay less, you also own less.

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Ghost In The Machine

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While I hate to say it, I can see this turning into a big mess sometime down the road unless everything, and I mean everything, is put in writing and witnessed as Fuzzy says.  You not only have the mortgage to work out a split on, but also property taxes, insurance on the building itself, and maintainence costs on the building itself.  G-gal mentions the yard, basement, parking, etc.....that also must be agreed to in writing to avoid any problems/conflicts which may arise. 

If they are agreeing to a 50/50 split when the place is sold, then the mortgage and other things should also be a 50/50 split.  I don't feel it's fair for either party to receive a full 50% of the profit if they didn't pay 50% of the costs during the time they lived there. 

If they work out some other percentage split for the mortgage, then all other costs and any future profit from a future sale should also abide by that percentage split. 

Get it in writing.  Get it in writing!  Get it in writing!!!!  It is then a legally binding contract should any problems come up in the future. 

-- Edited by ghostdancer at 15:35, 2008-08-15

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Permanent State of Confusion

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ghostdancer wrote:

Get it in writing.  Get it in writing!  Get it in writing!!!!  It is then a legally binding contract should any problems come up in the future. 

It truly is your only protection.



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Grand Poobah

    



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I know riggs has either a cousin or uncle who buys rental properties. I bet he will be a big resource of info for how they should settle this fairly.

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2011 Super Bowl Champions!

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THanks guys. I'll pass some of your thoughts along to Erica.

I too think it could be a sticky situation down the road. Particularly if he's already starting to question the split. Wait until they start having to snow blow and mow the lawn, and deal with other household stuff.

This all came about because Erica volunteered to pay about 50 more a month, which would create a 100 difference in their monthly payments. But then Jonny told her today that he thinks she should pay even more, perhaps 200 extra, because her part of the house is so much bigger and includes furniture.

I hope she doesn't wind up in a mess with him over this.

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At this point, it doesn't sound like a good idea to go in with him on this.

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Darth Raydar

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At this point I would ask her what the little voice in her head is saying. If it doesn't feel right it probably isn't right. I think she should take a hard look at the situation now. I agree with everyone, get it in writing. Her first priority should be to cover her butt!!!!

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