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.
Outlining the rights and obligations of each party Agree on what rights and responsibilities each party will have. Ensure that each party understands and agrees to the duties and obligations assigned to them. Identify what each party is responsible for, including any financial contributions.
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.
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.
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.
Example 3 : Meet the needs of two families They decide to buy a house together that will have private units for each family and a shared yard for the children to play in. Sharing babysitting and having potential friends for their children while living in the same house are further advantages to co-ownership.
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.
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.
There are different types of co-ownership, including tenancy in common, joint ownership, community property and tenancy by the entirety. Each type corresponds to a different set of rules and allowances.