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.
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.
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.
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.
Joint Tenancy Has Some Disadvantages They include: Control Issues. Since every owner has a co-equal share of the asset, any decision must be mutual. You might not be able to sell or mortgage a home if your co-owner does not agree. Creditor Issues.
Property co-owned in joint tenancy or tenancy by the entirety may pass to the surviving co-owner without the need for probate. However, a co-owner may still need to execute certain legal documents for an entity such as a property records office, a bank, or a motor vehicle department to complete the transfer.
Recommended documents for proof of joint ownership include: A mortgage or bank statement, residential leasing agreement, property tax bill, or joint credit card statement. Documents must include both the employee's name and the spouse's name.
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.
To create a joint tenancy with the right of survivorship, all you need to do is put the right words on the title document, such as a deed to real estate, a car's title slip, or the signature card establishing a bank account.