Titling real estate in the Solo 401k

Your 401k is a retirement plan trust and allows the holding of real estate in the trust (Defined Contribution Trust Document, Article IV, Section 4.2(a)&(f)).

Purchasing real estate with your 401k does not require a different or special process.

• The 401k is purchasing the real estate, not you personally.
• The buyer will be the 401k
• The titling will be in the name of the 401k and using the EIN of the 401k
• Earnest money deposit and all expenses will be paid by the 401k

Titling of assets in the Solo 401k trust

Paying property expenses

Local laws and titling

Depending on the state or jurisdiction, local laws may preclude title to be taken in the name of the trustee, rather than in the name of the trust.

It is acceptable for trust property then to be titled in the format of:

[Name of Trustee], as trustee for [Name of 401k trust]

• Before purchasing a property, check with the local title company about specific laws in your state pertaining to buying real estate in the trust. This is particularly important if you are making an offer on a short sale, since the title to the property must be listed exactly the same as the offer. Banks will not allow the name to be altered. 
• If a particular title company will not cooperate, we suggest utilizing the services of a more cooperative title company