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Common Tenancy Issues

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Multi-State
Control #:
US-02210BG
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Word; 
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Description

Tenants in common hold title to real or personal property so that each has an "undivided interest" in the property and all have an equal right to use the property. Tenants in common each own a portion of the property, which may be unequal, but have the right to possess the entire property.


There is no "right of survivorship" if one of the tenants in common dies, and each interest may be separately sold, mortgaged or willed to another. A tenancy in common interest is distinguished from a joint tenancy interest, which passes automatically to the survivor. Upon the death of a tenant in common there must be a court supervised administration of the estate of the deceased to transfer the interest in the tenancy in common.


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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  • Preview Tenancy-in-Common Agreement to Undeveloped Property with each Owner Owning Fifty Percent of Property and Sharing Expenses Equally
  • Preview Tenancy-in-Common Agreement to Undeveloped Property with each Owner Owning Fifty Percent of Property and Sharing Expenses Equally
  • Preview Tenancy-in-Common Agreement to Undeveloped Property with each Owner Owning Fifty Percent of Property and Sharing Expenses Equally
  • Preview Tenancy-in-Common Agreement to Undeveloped Property with each Owner Owning Fifty Percent of Property and Sharing Expenses Equally

How to fill out Tenancy-in-Common Agreement To Undeveloped Property With Each Owner Owning Fifty Percent Of Property And Sharing Expenses Equally?

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FAQ

'I hate my current landlord' Every potential landlord is going to ask why you're moving. ... 'Let me ask you one more question' ... 'I can't wait to get a puppy' ... 'My partner works right up the street' ... 'I move all the time'

The Problems with This Kind of Joint Tenancy Joint and Several Liability. Every Co-owner Has the Same Ownership Rights. No Direct Right of Survivorship. Tenants in Common Are Free to Resell Their Portion. Do Your Research About Every Co-owner Before Entering into an Agreement. Use a Well-drafted Agreement.

The Bottom Line. Although tenancy in common might seem like a favorable option for owning real estate, there are several disadvantages that you need to be aware of. Joint liability, the lack of right of survivorship, and more could make this kind of arrangement risky.

Tenancy In Common: This refers to equal or unequal undivided ownership between two or more people. A key characteristic of this type of ownership is that if one of the owners dies, their share is conveyed to their heirs, not the other owners who are still alive.

Tenancy in common Four conditions must be met, including equal interest, equal ownership, simultaneous obtaining of property, and same title document. Tenants may own different interests in the property, and no requirement for obtaining the property or titling at the same time.

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Common Tenancy Issues