Not only are owner names available on public records, but often the address where tax bills are sent and even floor plans of homes can be easily obtained online or by making a visit to local government offices. This information, together with that which the secretaries of state make available on entities, may provide altogether too much information for peace of mind.

But with careful planning, you and your clients can limit some of this data profligacy.  For instance, some agencies are allowed to limit the public disclosure of data where the occupant can demonstrate that he or she is a public figure and such disclosure would be reputationally sensitive. Also you remind your clients that any structure that holds a property must be maintained, with good records, and that major undertakings for the property should be done in the name of the entity not their individual name.

When talking with their advisors, your clients should ask what kind of information will be included in all the public filings on the entity. For instance, will stamp duty filings be accessible and contain a principal residence address, allowing reporters or others to track down the ultimate owner of the property? Some jurisdictions, like New York City, now require the single member of an LLC to be disclosed on such forms, so clients may want to consider having two members, to include a company formed for this purpose, if this disclosure isn't acceptable to them.

And neither you nor your client should forget that the tax man and the government may be entitled to know who owns property. This complex area is very site- and deal-structure specific, but even if your clients are not annexing an equine facility to their property, remember the phrase ‘Don't bolt the stable door after the horse has bolted.’ It is far better to understand the level of exposure going in, than for your clients to discover they have allowed themselves to be exposed in the family home, perhaps inadvertently, later. 

For instance, a foreign person must disclose to the U.S. Bureau of Economic Analysis, his or her beneficial interest (no matter how remote) in any property held for investment, including for example, as a home that is rented from time to time; a home held solely for personal use is exempt, even if held through a company or other vehicle.  Income from investment properties must be reported to federal, and often state and local, tax authorities.

Advise your clients to be mindful of whether the disclosures include any personal identifying information. This is largely driven by the structure of the vehicle holding the property. Some buyers select structures, such as corporations, which are less favorable from a tax standpoint, to avoid filing their individual name on tax returns. Ask your clients, which is more important to them.

But remember also that the best planning to avoid disclosure may be subject to frustration if the government asserts a public safety need to know the true owner's identity, such as in emergencies or criminal proceedings.

So, your happy clients have found their house, have bought the property and are about to turn it into a wonderful family home. There are still potentials out there for exposure of their private life. And there are better ways of protecting what goes on inside the home than simply drawing the curtains or pulling down the blinds.

When retaining help in and around the home, clients should have contractors sign a confidentiality agreement––supported by adequate consideration (i.e., payment) to be enforceable––to require that their private life stays private. There have been too many examples of former, and indeed, disgruntled employees telling tales to the tabloids once they had been dismissed. 

And if the perfect home isn't quite perfect enough and needs a little work around the edges, clients should carefully review contracts with architects, interior designers and contractors and be sure, similarly, to limit their rights of publicity.  The last thing they will want to see is a picture of their newly acquired property or themselves in a property or celebrity magazine, an architect's brochure or online.