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Equity sharing is another name for shared ownership or '' co-ownership''. It takes one
property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...
, more than one owner, and blends them to maximize profit and tax deductions. Typically, the parties find a home and buy it together as co-owners, but sometimes they join to co-own a property one of them already owns. At the end of an agreed term, they buy one another out or sell the property and split the equity. In England, equity sharing and shared ownership are not the same thing (see the United Kingdom and England sections below).


Equity sharing in different countries


United States

Equity sharing became desirable in the United States when in 1981 Section 280A of the
Internal Revenue Code The Internal Revenue Code of 1986 (IRC), is the domestic portion of federal statutory tax law in the United States. It is codified in statute as Title 26 of the United States Code. The IRC is organized topically into subtitles and sections, co ...
allowed mixed tax use of a single property for the first time permitting the occupier to claim principal residence tax deductions and the
investor An investor is a person who allocates financial capital with the expectation of a future Return on capital, return (profit) or to gain an advantage (interest). Through this allocated capital the investor usually purchases some species of pr ...
to claim investment property tax deductions. Since shared ownership is conferred by the federal tax code, this ownership vehicle can be used in any state. Companies in the United States include Unison Homeownership Investors, Landed, and OwnHome Mortgage & Finance.


United Kingdom

There are many uses of the term "Equity Sharing" in the UK, often applied to different forms of Low Cost Home Ownership schemes. These include
equity loan A home equity loan is a type of loan in which the borrowers use the equity of their home as collateral. The loan amount is determined by the value of the property, and the value of the property is determined by an appraiser from the lending ins ...
s, sometimes referred to as Equity Sharing Loans, and some forms of Shared Ownership (part buy/part let) leasehold schemes being referred to as an Equity Sharing Lease. Some local authorities may also refer to resale price restrictions under planning documentation as being Equity Sharing arrangements. However, the use of shared equity in reference to shared ownership is inaccurate, because shared ownership is not ownership, but is in fact an assured tenancy under the terms of the Housing Act 1988. With a shared equity scheme you own all of the property, albeit you have a loan on a part of your deposit – whereas with a shared ownership scheme you do not own the share you bought, but instead have the chance to buy the full lease from the landlord in the future, if you can afford to do so.


England

The
UK government His Majesty's Government, abbreviated to HM Government or otherwise UK Government, is the central government, central executive authority of the United Kingdom of Great Britain and Northern Ireland.
facilitates shared equity chiefly through the Homes and Communities Agency. this was under the banner of HomeBuy. This aims to help households earning up to £60,000 p.a.HomeBuy Direct
on DCLG website
New Build HomeBuy is where purchasers buy at least 25% of a newly built home, and pay rent on the remainder. The HCA generally subsidises
housing association In Ireland and the United Kingdom, housing associations are private, Non-profit organization, non-profit organisations that provide low-cost "Public housing in the United Kingdom, social housing" for people in need of a home. Any budget surpl ...
s or other providers to hold the remaining share. The rent is capped at 3% of the value of the unsold share, but typically set at 2.75%. Purchasers may buy additional shares whenever they can afford to do so; this is known as "staircasing".New Build HomeBuy
on DCLG website
HomeBuy Direct was introduced in 2009, under which the government and a housing developer jointly fund an equity loan of 30% of the valuation, so that the purchaser only needs to pay a
mortgage A mortgage loan or simply mortgage (), in civil law (legal system), civil law jurisdictions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners t ...
on 70% of the value. If the purchaser buys an additional share, all three parties participate in any increase in value. The HCA allocated £300 million to the scheme for 2009—2011, and 10,000 homes are available under the initiative. Open Market Homebuy allowed purchasers to buy at least 25% of a property on the
open market The term open market is used generally to refer to an economic situation close to free trade. In a more specific, technical sense, the term refers to interbank trade in securities. In economic theory Economists judge the "openness" of markets a ...
, with a conventional mortgage on that part, and a low-interest loan on the remainder. This is not currently available as the funding for 2009-10 has already been fully committed. Social Homebuy allows tenants of participating Councils and housing associations to buy their rented home on shared ownership terms, with a proportion of the usual Right to Acquire discount. FirstBuy was a scheme for first-time buyers announced in the 2011 Budget. Under it first-time buyers can get help to fund the difference between a 5% deposit and a 75% mortgage. It was only available on selected newbuild schemes. The top-up equity was provided in equal shares by the HCA and the developer.


Private sector shared equity in England

Private sector The private sector is the part of the economy which is owned by private groups, usually as a means of establishment for profit or non profit, rather than being owned by the government. Employment The private sector employs most of the workfo ...
shared equity or, as it is sometimes known, ''investor shared equity'', operates quite differently in that there is no element of taxpayer subsidy. Instead, third party investors provide the difference between the buyer's deposit and (typically) a 75% mortgage, in return for an equity stake in the property and a rent. These schemes are run over 5 or 10 years (sometimes with a 'hardship' extension), meaning that at the end of the relevant period, the owner has to buy out the equity stake at the relevant percentage of the then market value. There is generally no penalty on early redemption or partial buy-backs. Thus, equity sharing can be seen as a step up to full ownership of a property. Although investor shared equity is, on the face of it, more expensive than public sector schemes, because of the need to pay rent on the non-owned portion, it nevertheless holds significant advantages: * First, it is not confined to newbuild, or to any particular housing provider. Instead, the buyer can research the whole of the market for the best bargain. Some would say this avoids the peril of paying an inflated price to a housebuilder. * Secondly, there is less in the way of form filling and waiting lists. Because investor shared equity is essentially a financing mechanism, it is as simple as applying for a mortgage. * Thirdly, it is less likely to run out of funding than public sector schemes. So long as investors achieve their desired return, the resources are theoretically limitless. * Fourthly, the buyer is put in the position of a cash buyer and is thus empowered to negotiate the best deal with the vendor. * Finally, of course, an injection of cash gives the buyer the chance to access the better interest rates and lighter credit checks associated with 75% mortgages.


Economic theory

In economic theory, ownership is studied in the field of
contract theory From a legal point of view, a contract is an institutional arrangement for the way in which resources flow, which defines the various relationships between the parties to a transaction or limits the rights and obligations of the parties. From an ...
. Specifically, Oliver Hart (1995) has argued that ownership matters in the context of
incomplete contracts In contract law, an incomplete contract is one that is defective or uncertain in a material respect. In economic theory, an incomplete contract (as opposed to a complete contract) is one that provides for the rights, obligations and remedies of th ...
. When some future contingencies cannot be taken care of in a contract today, then negotiations will take place tomorrow. Ownership improves the bargaining position in these negotiations. As a result, today an owner has stronger incentives to make relationship-specific investments (i.e., the
hold-up problem In economics, the hold-up problem is central to the theory of incomplete contracts, and shows the difficulty in writing complete contracts. A hold-up problem arises when two factors are present: # Parties to a future transaction must make non ...
is mitigated). In this framework, Schmitz (2017) has shown that shared ownership of an asset can be desirable today, even though tomorrow it is optimal to give the asset to the party who values it most. The reason is that shared ownership yields more balanced investment incentives of the involved parties. The optimal ownership shares depend on whether the investments are embodied in the physical capital (so that the owner can always seize the returns) or in the parties’ human capital.


See also

*
Housing cooperative A housing cooperative, or housing co-op, is a legal entity which owns real estate consisting of one or more residential buildings. The entity is usually a cooperative or a corporation and constitutes a form of housing tenure. Typically hou ...
* Community land trust


References

*


Further reading

*Geltner, David M., Norman G. Miller and Jean Snavely. 1995. We Need a Fourth Asset Class: HEITs. Real Estate Finance: 71-81. *Caplin, Andrew (1997). ''Housing Partnerships: A New Approach to a Market at a Crossroads''. MIT Press. . {{DEFAULTSORT:Equity Sharing Personal finance Real property law Ownership