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The main problem with Tenants In Common is that the other tenant(s) can do whatever they want with their interest in the property. One of the co-owners could take out a loan on his/her interest in the property. Additionally, the T.C. interest owned by one owner is subject to that owner's creditors.

Besides Tenancy in Common, two additional forms of shared ownership are commonly used: Joint Tenancy and Tenancy by Entirety. In a Joint Tenancy, tenants obtain equal shares of a property with the same deed at the same time. With two tenants, each owns 50%.

The main problem with Tenants In Common is that the other tenant(s) can do whatever they want with their interest in the property. One of the co-owners could take out a loan on his/her interest in the property. Additionally, the T.C. interest owned by one owner is subject to that owner's creditors.

For example, if A and B own a house as tenants in common, and A owns 1/3 of the house and B owns 2/3, they both have the right to occupy the entire property. Further, if B sells his 2/3 share of the home to C, A still retains his 1/3 share in the house.

The primary pitfalls are the need for agreement, the potential for assets to be frozen, and loss of control over the distribution of assets after death. Tenancy in common is an alternative to joint tenancy that avoids some of its drawbacks.

In New York, whenever more than one person buys or inherits property together, it is automatically held as tenants in common, unless they are husband and wife. If a tenant in common dies, the deceased person's interest passes to their heirs or to the person specified in the terms of the deceased person's will.

Tenancy In Common: This refers to equal or unequal undivided ownership between two or more people. A key characteristic of this type of ownership is that if one of the owners dies, their share is conveyed to their heirs, not the other owners who are still alive.

Tenancy in common is a form of property co-ownership in which a property is not shared equally and is most commonly seen when co-owners are unrelated. By contrast, a joint tenancy agreement gives equal shares to two parties and is most commonly seen as community property among married couples and domestic partners.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232