All Topics / Legal & Accounting / Can I rent a house i 50% own?

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  • Profile photo of MikejpsrMikejpsr
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    @mikejpsr
    Join Date: 2012
    Post Count: 1

    Hi, I'm in a situation where i own 50% of a house with an ex partner, due to the poor market conditions right now we dont want to sell as we may get less than what we owe on it, we have decided to rent it out until the market improves and it occurs to me that i would like to live there instead of renting elsewhere. My ex partners main issue is she wants to be entitled to all the tax benefits associated with recieving rental income and the question is can this be done with me renting the house we each half own?

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,190

    You can both claim expenses in proportion of ownership

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Aust wide) http://propertytaxbook.com.au/

    Profile photo of kong71286kong71286
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    @kong71286
    Join Date: 2009
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    From what I've read so far on these forums, you should be able to continue to claim the usual deductions associated with owning an Investment Property, provided you charge yourself market rent for use of the property and declare this as income.

    Profile photo of Kohlhagen GroupKohlhagen Group
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    @kohlhagen-group
    Join Date: 2011
    Post Count: 58

    Your 50% will be private as you live in the house.

    Your ex's 50% can be rented out. The tax treatment for them is pretty much the same as if the whole house was rented, they claim 50% of expenses etc.

    Profile photo of PrimePropertyInvestorPrimePropertyInvestor
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    @primepropertyinvestor
    Join Date: 2012
    Post Count: 48

    If it is BTL property you can easily rent it out part of property, any your ex partner might be entitled to tax benefits.

    Profile photo of PrimePropertyInvestorPrimePropertyInvestor
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    @primepropertyinvestor
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    If it is BTL property you can easily rent it out part of property, any your ex partner might be entitled to tax benefits.

    Profile photo of Richard TaylorRichard Taylor
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    @qlds007
    Join Date: 2003
    Post Count: 12,018

    Sorry Prime that is incorrect.

    As the boys have already mentioned the claim will be proportional to the Title ownership.

    Cheers

    Yours in Finance

    Richard Taylor | Mortgage Broker helping investors build their wealth thru property
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    0-40 Properties in a decade with a unencumbered portfolio value in excess of $40M. Ask me for a copy of my API Interview.

    Profile photo of Jacqui MiddletonJacqui Middleton
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    @jacm
    Join Date: 2009
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    Sorry Prime… Aussie laws are different to UK laws.

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
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    VIC Buyers' Agents for investors, home buyers & SMSFs.

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