Disadvantages of Joint Property Ownership Co-owners must make decisions collectively, which can lead to conflicts and disagreements regarding property management, maintenance, and use. Individual preferences may be compromised to accommodate the interests of all co-owners.
Sole Proprietorship. This is the simplest and most common form used when starting a new business.
Tenancy in common, a prevalent form of co-ownership, involves each owner holding a distinct share of the property. In other words, the ownership percentages can vary among co-owners, allowing for flexibility in investment levels. In tenancy in common, owners can pass on their share to heirs.
Joint Tenancy with the Right of Survivorship For unmarried individuals, Joint-Tenancy is the most common form of ownership and typically embodies four essential “unities”: time, title, interest and possession. Joint-Tenants must acquire their interests at the same time and from the same source (time and title).
The flexibility offered by co-ownership of properties can cater to various needs and preferences. Joint property ownership typically requires all owners to have similar needs and wants, limiting customisation.
A property co-ownership agreement is a legally binding document that outlines the terms under which two or more parties share ownership of a property. It specifies each party's rights, responsibilities, and financial commitments, creating a clear framework for managing the property and preventing disputes.
Tenancy In Common (TIC). This is the most popular form of co-ownership because of the flexibility it provides. Each owner, or co-tenant, owns an individual undivided interest in the entire property, even if the ratio of ownership is not equally divided.
Medicaid rules provide that for jointly owned real estate, such as a home or farm land, the entire value of the property can, in certain circumstances, be disregarded as a non-countable resource, meaning it will not count against the applicant.
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.
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.