The Pros and Cons of Co-Ownership of Rental Real Estate Each Party Bears Part of the Expenses. Responsibility Split. Reduced Risk. Tax Benefits. Decision-making Challenges. Risk of Conflict. Responsibility for Co-owner's Actions. Difficulty in Resolving Disputes.
Co-ownership of property is a unique arrangement where two or more individuals jointly own a property, sharing the rights and responsibilities that come with it. These rights can be equal or unequal, and are usually defined by a legal agreement called a co-ownership agreement.
Foreigners (whether they be natural persons or legal entities normally domiciled or registered outside the country) can buy property in South Africa. Foreign buyers or non-residents must comply with local legislation in that regard.
In joint tenancy, each owner has an equal and undivided interest in the property. Should one owner pass away, their share automatically transfers to the surviving owners, outside of the deceased's estate. This principle is known as the "right of survivorship."
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.
Consider the following risks before you embrace joint tenancy as a planning tool. Loss of control. Exposure to creditor claims. Unexpected tax consequences. Strained relationships. Lose use of testamentary trusts. Learn what your POA can and can't do. Choose your POA wisely. Review your POA selection periodically.
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.