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.
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.
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.
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.
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.
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.
(b) A disposition of real property to a husband and wife creates in them a tenancy by the entirety, unless expressly declared to be a joint tenancy or a tenancy in common.
To add or delete names from a deed you will need to complete and record a new deed. Forms are available from your attorney or from a legal stationery store.