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You must ensure that a validly executed Tenancy-in-Common Agreement is in place prior to or at the Mortgage Loan. closing. You must review the agreement to ensure that: Each co-tenant is bound by the terms of the agreement.
Tenancy in common (TIC) is a legal arrangement in which two or more parties jointly own a piece of real property, such as a building or parcel of land. The key feature of a TIC is that either party can sell their share of the property while also reserving the right to pass on their share of the property to their heirs.
If you are tenants in common, your Title Register Document will contain the following, or similar, phrase: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.
These are sometimes referred to as joint interest or interest in common in relation to real property. A tenancy in common agreement can be an important estate planning tool.
Tenancy in severalty means that only one party has the right to live within the property during a specified time period, for owners the duration of their ownership, unless they lease this right to someone else. If two parties sign a mortgage for a property, they are both jointly and severally liable for the debt.