A shared family vacation home can be a great place for rest, relaxation and bonding with loved ones. But miscommunication about ownership and usage can spoil your family fun. A little planning — together with some clear rules about the usage of the home — can minimize conflict and keep your vacation home in the family for future generations to enjoy.
First and foremost, all family members should understand who actually owns the home. Family members sharing the property will more readily accept decisions about its usage or disposition, knowing they come from those holding legal title.
If the home has multiple owners — for example, several siblings — choose the form of ownership carefully. There may be advantages to holding title to the home in a family limited partnership (FLP) or family limited liability company (FLLC). In these situations, groups use FLP or FLLC interests to allocate ownership interests among family members. You can even design the partnership or operating agreement — or a separate buy-sell agreement — to help keep the home in the family. For instance, if a family member wants to sell his or her interest, the agreement might give the remaining owners a right of first refusal. Of course, these documents should be reviewed by legal professionals to ensure they're enforceable and comprehensive.
Most disputes between family members are rooted in conflicting assumptions about the property's usage, cleaning, upkeep and disposition. To avoid these disputes, agree to a clear set of rules on:
Despite the informal nature of many vacation homes, it's a good idea to implement some sort of reservation system to avoid conflicts. For example, you might implement rotating schedules that give each family member exclusive use during specific periods that rotate seasonally or monthly. Or you might prefer a system where family members book the property in advance on a first-come, first-served basis.
Also, consider making provisions for major holidays or special occasions (such as anniversaries and birthdays) to give everyone a fair chance to use the property during prime vacation times. Once your family agrees to a schedule, consider using a shared calendar (such as Google or Apple Calendar) to manage bookings and ensure transparency.
If you plan to rent out the home as a source of income, you'll also need to establish rules for rental activities. The tax implications of renting out a vacation home depend on several factors, including the number of rental days and the amount of personal use during the year.
Who will be responsible for paying the costs of the vacation home? One of the major upsides of a shared vacation home is that you don't have to bear the total cost alone. Generally, the owners bear the costs — such as mortgage payments, insurance, property taxes and significant improvements — according to their proportionate ownership interests.
But the usage costs — including utilities, cleaning, landscaping, maintenance, repairs and everyday supplies — can be trickier to allocate fairly, especially when family members have different financial resources and may use the home more or less. Detailed records of all expenses and contributions, perhaps through shared online documents or spreadsheets, can help prevent misunderstandings and ensure everyone contributes fairly.
What happens if an owner dies, divorces or decides to sell his or her interest in the home? It depends on who owns the property and how the legal title is held. If a married couple or an individual owns the home, its disposition upon death or divorce will be dictated by the relevant estate plan or divorce settlement.
If family members own the home as tenants-in-common, they're generally free to:
If family members hold the property as joint tenants with rights of survivorship, an owner's interest automatically passes to the surviving owners at death. If the home is held in an FLP or FLLC, family members have a great deal of flexibility determining what happens to an owner's interest in the event of death, divorce or sale.
Once your family understands and agrees to the ground rules for visiting the vacation home, sticking to them is essential. Making exceptions for certain family members can lead to hard feelings and more requests to bend the rules in the future. To manage family member expectations, consider writing the rules down on paper and posting them in the kitchen or family room as a reminder to visiting family members and guests. This can help maintain harmony and ensure everyone feels respected and satisfied with the arrangement.
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