Create Tenants in Common Agreement

    Tenants in Common Agreement

    Real estateHome ownership
    The tenants in common (TIC) agreement is a contract where two or more people set out their legal ownership rights, obligations, and terms of property management. Since many people choose to share real estate costs, a TIC agreement can help individuals buy a property for a lower price. This agreement can outline what percentage of legal partition each tenant owns or who will inherit the tenant’s shares upon his or her death. Download a printable tenants in common agreement sample from Lawrina and edit the form to your desired terms.
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    Template Description

    Property prices are rising steadily, and many people are choosing to share the costs of purchasing real estate, whether commercial or residential. These people are now opting for tenancy in common and other unconventional shared ownership structures to increase their buying power and get the most out of their purchases. You might be considering splitting the cost of your next house with your best friends or partner. If you’re a step or two away from buying a property with another person and you need a Tenants in Common Agreement to protect your interests. Use this tenants in common agreement template as a guide.

    This template is legally enforceable in the following states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

    What Is a Tenants in Common Agreement (TIC)? 

    A tenants in common agreement (also known as TIC agreement) is a contract where two or more people who have ownership interests in real estate property set out their legal rights and obligations, as well as terms relating to the management property. The agreement can outline what percentage of legal partition each tenant owns, or who will inherit their individual percentages upon death. To put it simply, it’s a kind of partnership in real estate ownership.

    How Tenancy in Common Works? 

    When you have a tenancy in common, it means you have the home ownership shared with one or more people. 

    • Tenants in common don’t own separate parts of the physical property; however, they own separate interests in the property. 
    • Tenants in common do not have to be related. They can be family, a couple, or just friends. They can also be two partners beginning a business venture.
    • Each owner has equal rights to the entire property, but different partitions of the shares. 
    • Percentages can be shared equally, or one owner can have more than the others. You and the others determine this when you are going to purchase the property. 
    • Not all tenants have to live on the property and you can’t rent, gift, or even sell your shares. 
    • If one tenant dies, their interest will pass on to their heir. For example, it may pass on to one’s spouse.
    • Tenants can agree to have contingency funds to pay for common expenses, share expenses such as taxes, according to their individual percentages, or pay for expenses in the proportions they agree on. 

    Types of Tenancy in Common Arrangements 

    People have different reasons for entering into tenancy in common arrangements. Perhaps they can’t afford to purchase the property on their own, or the structure will lead to an enhancement in their buying and selling power. Entering into this type of arrangement will allow for more choice because the cost is lower for each individual buyer. Banks have even begun to offer loans for a split percentage of the property, and co-owners can take individual mortgages on their shares, decreasing the risk for joint buyers and lowering the risks of going into foreclosure. There are separate rules and requirements for specific types of property, such as vacation property.

    Some people may enter into this kind of agreement because it allows them to sell a fraction of the property at a time to different buyers, the total cost typically being more than what they would have sold the entire property to one buyer. The type of arrangement you enter into entirely depends on you and your reason for purchase. 

    How to Write a Tenants in Common Agreement 

    To write your Tenants in Common Agreement from scratch or using a sample, follow these steps: 

    Coordinate with the counterpart 

    Before you draft a Tenants in Common Agreement, it is necessary that you communicate with the other parties you intend to purchase the property with to ensure that you are all on the same page. This will help you decide whether or not this co-ownership structure is what is best for you all. 

    Negotiate essential terms of the contract 

    The most important part of your tenants in the common agreement is certainly what percentage of shares each co-owner is going to have. The money you and the other owners contribute or other factors may influence the decision. You will also need to agree on other main terms to fill out every blank, such as what happens when one co-owner wants to sell or what benefits you will each enjoy regarding the property, and you can use the FREE tic agreement template to guide you through this. You may even choose to include an indemnification clause to indemnify co-owners against a variety of potential issues. It’s ready to customize and easily printable. Just fill out the blank form and download in the pdf format.

    How to Terminate Your Tenancy in Common

    If you wish to end your fixed-term joint tenancy, you must get the simple approval of your landlord and the other tenants. When you end your tenancy, it ends for everyone, as is mentioned in the agreement. It is necessary to get all the tenants' permission to end a joint tenancy with a break clause unless your agreement states otherwise.

    Tenancy in Common vs. Joint Tenancy 

    A Joint Tenancy Agreement and a Tenancy in Common Agreement are structurally different if you take a look at examples. 

    • Joint tenants have equal shares of the property and that ownership structure is more of a partnership. Although this may be the case in a tenancy in common agreement, it is not a requirement. 
    • In a Joint tenancy, if a member wishes to sell their interest, this breaks the agreement. However, in a TIC agreement, a change in members will not break the agreement. 
    • In a joint tenancy if the co-tenant dies, the interest of the deceased based on the deed passes to the surviving owner. However, in a TIC the interest is in the deceased’s estate. 

    Property Taxes with Tenancy in Common 

    Although co-owners will have determined in their tenancy in common agreements what percentages of the property they own, the property will still be viewed legally as a single unit.

    Most tax jurisdictions use this approach. and tenants in common will receive one property tax bill. The implication is that the co-tenants are jointly liable for the taxes, meaning that they are each liable for the full amount regardless of their ownership percentage. If this is the case, the co-tenant can deduct the amount they contributed. If this is not the position in the relevant tax jurisdiction, then the applicable state laws will apply, and they can pay and deduct taxes up to their percentage of ownership, if they so decide.

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    Frequently Asked Questions

    What is the main difference between joint tenants and tenants in common?

    There are many differences between a joint tenant and a tenant. Joint tenants have equal shares in the property, while tenants in common have different ownership shares. 

    The main difference, however, between these two kinds of tenancy concerns the death of a tenant. In tenancy-in-common, the death of a tenant transfers the rights of ownership to their estate in favor of his heirs. In joint tenancy, ownership automatically passes to the co-tenant.

    When a tenant in common dies, what happens to the tenant's interest in the estate?

    When a Tenant in common dies, their ownership share is passed on to that tenant’s estate and handled according to the deceased tenant’s will. Any surviving tenants continue owning and occupying their share of the property. The heir is then placed in the position of the deceased tenant with the same rights and responsibilities. The surviving tenants still have the same ownership they had before and may continue the tenancy agreement with the heir.

    What is the purpose of a tenancy in common agreement?

    Tenancy in common is a legal arrangement in which two or more parties jointly hold the tile and own a share of the property, such as a building or piece of land. The key feature is that either party can sell their share of the property and reserve the right to pass on their share to their heirs. The share size of Tenants in common may vary between the co-tenants, and ownership can be transferred without interference.