What percentage of split can I have on a Title if husband main income earner on an investment property and we are both on loan for negative gearing. Can I have Title in common as 90/10 split? What about 99/1 split. What documentation do I need.
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Probably not a question answerable on this forum. This is a question for a property lawyer.
Be aware if you both already own the property and it is not your main residence then any change in ownership share is a CGT event, so a capital gain (or loss) will be incurred by one of you.
Hi @Juniper0001,
There’s no set rule on what ownership split you can have on the title. You can hold an investment property as tenants in common in almost any proportion, as long as it’s legally documented.
For tax purposes, rental income and deductions (including losses) are generally claimed in line with the ownership percentages on the title, not based on who earns more income or who pays the loan.
We use the legal ownership shown on the title. Being jointly on the loan doesn’t change the tax split.
If you need certainty before proceeding, a tax agent or legal adviser can confirm the implications of a particular ownership structure.
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