Tenancy In Common

Property ownership where more than one individual holds the ownership right in a property is referred to as tenancy in common (TIC). This type does not have a right of survivorship clause, therefore if an owner passes away, their interest in the property is transferred to their estate or legal heir rather than the other owners.

Co-owning real estate and taking use of an undivided interest in the properties is permissible legally. Co-tenancy or co-ownership are terms used to describe this type of ownership situation. Examples include community property, joint tenancy, and tenancy in partnership. Also, state laws and regulations may differ in this regard.

Tenancy In Common Explained

An ownership arrangement known as tenancy in common involves multiple owners who each hold varied or equal shares of the property. The property belongs to the renters or owners in its entirety; they cannot claim a specific piece based on the size of their share. Every owner is guaranteed equal rights and privileges under the deed. In addition, the tenants included may alter if any renters pass away or the property is sold.

A form of concurrent ownership, that. Since no other ownership type is included in the deed, it is assumed that tenants in common apply when a deed lists many owners. The standard type of concurrent ownership is ‘tenancy in common’ in places like Florida and California. States typically also establish the maximum number of participants that may be included in a TIC arrangement. Taxes are the responsibility of the co-tenants or the TIC members; the TIC is not obligated to pay taxes. When a property has numerous owners, each of whom has a unique interest in it, the process of submitting tax returns becomes complicated.

Example

Adam and Edward, two brothers, have a TIC agreement whereby they both possess 50% of their family's ancient home. Yet, none of the brothers are permitted to claim ownership of a specific area of the property. According to the TIC agreement, the entire property is theirs to use equally, and no one may split it unless it is done so with their consent and mutual confidence. Adam, the senior brother, perishes in a horrific vehicle accident; as a result, Edward will no longer receive his part of ownership in the family property; instead, it will go to the legal heir.

TIC Advantages

  • Each owner can have a varied percentage of the property and use it; it is not essential to invest for an equal share of the property.
  • As the tenancy in common is adaptable to the number of owners in the property, the number of owners may drop or rise over time.

TIC Disadvantages

  • Without seeking approval from other owners, a shareholder may sell their portion.
  • In a tenancy in common arrangement, there is no right of survivorship; as a result, the ownership interest of a deceased owner does not pass to the other owners of the property.
  • Despite having diverse property ownership stakes, all owners are jointly and severally accountable for all debts and property taxes.
  • Dividing the liabilities like tax bills is a complex process since the property is recognized as a single entity for taxes purposes.

Conclusion

  • A legal structure known as tenancy in common (TIC) allows for the ownership of a real estate asset or piece of land by two or more people.
  • The property may be owned by tenants in varying proportions.
  • Tenants in common have the option to leave their portion of the property to a designated beneficiary after passing away.
  • Two other forms of ownership arrangements are joint tenancies and tenancies by the entirety.
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