Page 10 - Jupiter West - December '23
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Page 10, Jupiter West
      Beware Of Unequal Contributions When Purchasing A House




      Submitted by Anné                                  all areas of the property. They can also choose who receives     For those who already own a house, how the property is
      Desormier-Cartwright, Esq.                         their interest when they die; it does not automatically pass   titled is no less important to their estate plan. Circumstances
        At a time of record home                         to the other owner(s).                            change. The original title terms may no longer reflect a
      unaffordability, more people                         • Joint tenants with right of survivorship. Under this   person’s current priorities. While changing a joint tenancy
      are teaming up with friends                        arrangement, each owner has an undivided interest in the   may not always be possible or practical, at the very least, a
      and relatives to realize the                       property. They own the property in equal shares and have   person should know how a home title affects their property
      home ownership dream.                              the right to use the property however they wish. The right of   rights, the rights of any heirs, and tax obligations.
      According to the National                          survivorship means that, when one of the joint owners dies,   Get Your Estate Planning House In Order
      Association of Realtors                            their property interest passes to the surviving joint owner(s).     Choosing how to title a co-owned home, and how this
      (NAR), more than 75 percent                          • Tenancy by the entirety. This title option works the   choice fits into your estate plan, depends on the people and
      of homes on the market now                        same way as joint tenants with right of survivorship but is   property involved, your estate planning goals, and state
      are too expensive for middle-                     only available to married couples in certain states. It also   laws where the property is located. An estate planning
      income buyers. Just five years ago, this same income group   provides valuable creditor protection because property   attorney from our office can explain the pros, cons, and
      could afford half of all available homes.  From 2010 to 2020,   owned in this way is not subject to the creditors of just one   consequences of each type of joint ownership to help you
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      the number of homes bought by people with different last   spouse (although it may be subject to the claims of a creditor   decide which one best fits your situation.
      names soared by more than 770 percent. This group includes   of both spouses).                         Call or contact us today for help getting your estate
      friends, roommates, and married couples.  In 2021, the     In states with community property, another type of joint   planning house in order. Our phone number is (561)
                                          2
      percentage of single-family homes purchased by nonmarried   ownership for married couples, co-owned property can be   694-7827, Elder & Estate Planning Attorneys PA, 480
      co-buyers was 25 percent, up from 17.4 percent in 2018.    titled with the right of survivorship, but it is not the default   Maplewood Drive, Suite 3, Jupiter, FL 33458.
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      Purchasing a property with other people can help a buyer to   and must be designated this way.         The content of this article is general and should not be
      lower their individual costs while building equity. However,   Joint Ownership And Estate Planning   relied upon without review of your specific circumstances
      going in on a house together can also create trouble spots,     Around 60 percent of Americans do not have a will,   by competent legal counsel. Reliance on the information
      including survivorship and inheritance issues.     but the percentage without an estate plan is highest among   herein is at your own risk, as it expresses no opinion by
        A home is the largest single investment that most people   Millennials (78 percent) and lower among Baby Boomers   the firm on your specific circumstances or legal needs.
      make. When buying a home with another person, the co-  (58 percent). About two-thirds of Gen Xers do not have a   An attorney client relationship is not created through the
      owners must decide how to hold the title so that it aligns   will, while more than 80 percent of those age 72 or older do   information provided herein.
      with their wealth-building and estate planning goals.   have a will. 4                                 To comply with the U.S. Treasury regulations, we must
      Co-Ownership And Home Titles                         One of the top reasons cited for failing to address estate   inform you that (i) any U.S. federal tax advice contained
        Co-buying a home with a partner, relative, or friend can   planning is a lack of assets to leave to anyone. While this   in this newsletter was not intended or written to be used,
      reduce the costs of the down payment, mortgage payments,   is often a myth – estate planning is advisable no matter   and cannot be used, by any person for the purpose of
      utilities, and other household expenses for each buyer, while   how many assets a person has – buying a house instantly   avoiding U.S. federal tax penalties that may be imposed
      allowing them to build home equity. Some co-buyers may   changes this calculus.                      on such person and (ii) each taxpayer should seek advice
      not even want to live in the home. Their goal may be to rent     For most people, a home is their greatest investment and   from their tax advisor based on the taxpayer’s particular
      it out or flip it for a profit.                    the primary driver of household wealth. Even if somebody   circumstances.
        Home co-ownership can present problems as well. If one   co-owns a house, their investment in the property is likely
      buyer has a bad credit score, it can negatively affect another   to dwarf their other accounts and property.   1 U.S. Housing Market Needs More Than 300,000 Affordable
      buyer’s mortgage terms. And if one party cannot meet their     Deciding what to do with shares of a jointly-owned property   Homes for Middle-Income Buyers, National Association of
      financial obligations, the other party could be on the hook   is a major estate planning consideration. And it begins at the   Realtors (June 8, 2023), https://www.nar.realtor/newsroom/
      for the budget shortfall.                          time a property is purchased and the title is issued.   us-housing-market-needs-more-than-300000-affordable-
        Typically, co-owners are not only listed together on the     When co-buying a house, each owner should understand   homes-for-middle-income-buyers.
      mortgage loan, but on the home title. Having more than one   how it is being titled and make sure the titling matches their   2 Zinhle Essamuah, Friends are buying homes together.
      person on the title raises estate planning issues that may not   estate planning wishes. For example, joint tenancy might   Here’s why., NBC News (Dec. 16, 2021) https://www.
      immediately arise but should be thought about.     make sense for a married couple but be a poor choice for   nbcnews.com/news/us-news/friends-are-buying-homes-
        Property can be titled in different ways. Common ways   friends or unmarried partners because they give up the right   together-rcna9087.
      of joint ownership titling include tenants in common, joint   to leave the property to anyone other than the co-owner.   3 Ben Luthi, What You Should Know About Co-Owning a
      tenants with right of survivorship, and tenants by the entirety.     In the latter case, tenancy in common is likely a better   House, (Dec. 10, 2021), U.S. News & World Report, https://
        • Tenants in common. With this type of title, property   option. Each tenant in common has the power to dispose   money.usnews.com/loans/mortgages/articles/what-you-
      shares may or may not be divided equally between owners.   of their property interest however they choose – but only   should-know-about-co-owning-a-house.
      Each owner’s share might be equal to their investment in   if they indicate their wishes in their estate plan. Otherwise,   4 Haven’t Done A Will Yet?, AARP (Feb. 24, 2017), https://
      the property or the shares may be divided equally among the   their share of the property passes according to state law   www.aarp.org/money/investing/info-2017/half-of-adults-
      owners. However, the co-owners still have equal rights to use   when they die.                       do-not-have-wills.html.
      Town Of Jupiter News



      By Councilor Malise                                supported by the town, Palm Beach County with their parks   pedestrian trails, and exercise equipment, depending
      Sundstrom                                          and recreational facilities, and Palm Beach County Schools   upon resident input. The plan will be completed after a
        Here in Jupiter we are                           with their athletic facilities.                   thorough evaluation of existing facilities; public input
      so lucky to have such a                              The Town Council understands the importance of   through community meetings, focus groups and surveys;
      diverse  park  system  with                        providing a quality recreational system for residents, where   research on recreation trends and standards; evaluation
      more than 20 active and                            every court, swing, slide, and trail echoes the spirit of our   of the town’s comprehensive plan and levels of service
      passive parks, as well as the                      community and small town feel. That is why, during the 2023   requirements; and input from elected officials, town staff,
      Jupiter Community Center,                          strategic planning process, my colleagues and I identified the   and key stakeholders.
      North  County Aquatic                              need to develop a master plan for the town’s aging indoor and     Early next year, Miller Legg and town staff will begin
      Complex,  West  Jupiter                            outdoor recreational facilities in support of both youth and   outreach to Jupiter residents. We invite you to share your
      Recreation Center, and more.                       adults. To achieve this goal, we recently approved a contract   experiences with and ideas for the town’s recreational
      Jupiter’s recreation needs are                     with Miller Legg to work with town staff and appropriate   offerings and look forward to hearing from you!
                                                         partners to prepare this roadmap for the next 10 years that     Watch the town’s website and social media sites for
             Southern Exposure Technologies              will include probable construction costs, renderings and   announcements and more information as the master plan
           Computer Install/Setup/Repair                 funding strategies for identified projects.       project kicks off. As always, you can share your thoughts
                                                                                                           with our council via email, at a Town Council meeting, or
                                                           This vision for parks and recreational offerings will
                     (561) 315-0144                      focus on everything from athletic facilities to neighborhood   at the next Connect with Council event at 9 a.m., Dec. 8 at
                   getsetgo.annie@gmail.com              playgrounds, and possibly greenways, bicycle and   Crux Coffee Roasters.
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                            * Business Consult/Startup/Move
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              Call S.E.T. to install your “new computer, printer
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