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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.