Choosing the Right Type of Co-Ownership While joint tenancy and tenancy in common are widely recognised as the most common types of co-ownership, the increasing popularity of fractional ownership, made possible at August, shows that there is a growing diversity in how people approach property ownership.
Draft a document for the parties to sign specifying the relationship between them, such as joint tenants in common, tenants in entirety, etc. Both parties must agree to the terms of the relationship, and sign the document to ensure that it is legally binding.
Contents Researching the relevant laws and regulations. Establishing the purpose of the agreement. Identifying the parties involved in the agreement. Determining the co-owners' rights and responsibilities. Drafting the agreement. Outlining the financial contributions and distributions of the co-owners.
The Living Together section of Nolo also discusses various forms of contracts for unmarried people who want to share ownership of property. Also, because your shared home represents a major economic investment, you should hire a lawyer to help you prepare an agreement that meets your needs.
Co-ownership might entail more complex legal agreements, specifically outlining each party's rights and responsibilities. Joint property ownership usually involves a simpler, more standardised agreement.
Include basic information, such as the date and names of the parties. Define the role of each party and refer to each by that role... Include information about the exchange of consideration, and write clearly as to which party delivers and what the other agrees in exchange.
Community property under California state law, such as real estate purchased during a marriage or domestic partnership, is a joint tenancy arrangement. Each of the owners shares equal interest in the property and are both named on the same deed.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
Just like wills, there is generally no requirement that a contract be notarized in order to be legally binding. However, if a party who signed a business agreement decides to dispute that agreement in court, a notarized contract can help a great deal.
Also, because your shared home represents a major economic investment, you should hire a lawyer to help you prepare an agreement that meets your needs.