Tenancy In Common Agreement Form

State:
California
Control #:
CA-DO-006
Format:
Word; 
Rich Text
Instant download

Description

Use this agreement to:


establish ownership of the property as each other's separate property and not as Community Property; state each co-owner’s ownership interest in the property;
establish exclusive private living areas and a common area; establish rules governing use of the property; allocate shared financial obligations such as mortgage, property tax, common area maintenance, and utilities; provide for dealing with a defaulting co-owner;
address the death or bankruptcy of a co-owner; provide a process for the sale or lease of a co-owner’s interest in the property; and provide for dispute resolution through mediation and arbitration. Because this agreement allows an owner to sell their property interest, we kept provisions that domestic partners may not need such as establishing private living areas and rules governing use of the property. In the event of an owner's sale of their interest in the property, these terms will be important between the buyer and remaining owner.


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  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners
  • Preview Tenancy in Common Agreement - Single Dwelling - Domestic Partners

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FAQ

If you hold the property as tenants in common this means that each owner has a distinct share in the property. In the absence of any statement to the contrary, it is presumed you hold in equal shares. Alternatively, it may have been specified what share of the property belongs to each owner, e.g. 70/30.

If you would like to share things unequally; if you want to ensure that if you break up, you can make a relatively clean and painless exit; if you want to leave your share to other beneficiaries after your death; or, if you want to protect your share of the value in your home from being swallowed up by your partners

When the property is sold, each owner receives their share of the sale proceeds. This allows any disparity in financial contributions to be recognised, keeping each person's share separate from the others. That is why tenants in common is often preferred by friends or family members who are buying a property together.

Where a property is owned as joint tenants, when one of the owners die the property automatically pass to the surviving owner, regardless of what the Will of the deceased owner says. This is known as a 'right of survivorship'. This is the most common way a property is owned by husband and wife or civil partners.

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More info

A tenants in common agreement is a contract that defines an arrangement between two or more entities sharing the ownership of a specific property. Contract terms for tenants in common are detailed in the deed, title, or other legally binding property ownership documents.This Tenants in Common Agreement can be used to establish or clarify the rights of people who buy, inherit, or receive property together. Each of the co-owners must hold title to the property, either directly or through a disregarded entity, as tenants in common under local law.

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Tenancy In Common Agreement Form