Property Co-ownership Agreement For Two Parties Who Will Live Together In North Carolina

State:
Multi-State
Control #:
US-00036DR
Format:
Word; 
Rich Text
Instant download

Description

In equity sharing both parties benefit from the relationship. Equity sharing, also known as housing equity partnership (HEP), gives a person the opportunity to purchase a home even if he cannot afford a mortgage on the whole of the current value. Often the remaining share is held by the house builder, property owner or a housing association. Both parties receive tax benefits. Another advantage is the return on investment for the investor, while for the occupier a home becomes readily available even when funds are insufficient.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

North Carolina and South Carolina are equitable distribution states, not community property states. Unlike a community property state, which divides marital assets 50/50, equitable distribution states take the time to make sure the division is fair to both parties, and they do not divide separate property.

Property that may be titled jointly includes land and its fixtures, and personal property including automobiles and investment and banking accounts. Any property may be titled by its owner to include their spouse to render the property joint property with right of survivorship.

In joint tenancy, each person owns the entire asset, not a part of the asset. This legal fiction of two or more people owning 100 percent of the same asset is derived from the full name given to joint tenancy: joint tenancy with right of survivorship.

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.

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. If a co-owner has outstanding debts, their creditors could seize an interest in your home or bank account.

Seven (7) states practice Pure Joint and Several Liability (Alabama, Delaware, Maryland, Massachusetts, North Carolina, Rhode Island, and Virginia).

Within this document, the joint owners confirm how they will share the beneficial interest on the title: they are to hold the property on trust for themselves as joint tenants - this means the beneficial interest is held 100% jointly (no separate shares) so your split is an equal share.

In North Carolina, there are, for all practical purposes, three types of concurrent ownership: (1) Tenancy in Common, (2) Joint Tenancy with the Right of Survivorship, and (3) Tenancy by the Entirety.

Otherwise, a home is owned by both of you, and you BOTH have the right to allow others to move into the property, even without the other's consent. I know this is probably not what you wanted to hear, but it is the law.

A joint tenancy carries with it a right of survivorship. This means that upon a joint tenant's death, the deceased joint tenant's interest in the property held in joint tenancy vests in his or her surviving joint tenant(s), automatically by operation of law.

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Property Co-ownership Agreement For Two Parties Who Will Live Together In North Carolina