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.
District of Columbia Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent
State:
Multi-State
Control #:
US-02284BG
Format:
Word
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How to fill out Agreement As To Tenancy-in-Common Ownership Of Premises With Neither Owner To Sell Or Rent Premises Without Other's Consent?
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FAQ
The benefit of being tenants in common is that it brings greater clarity to the balance of a couple's ownership of a property and it can allow them more flexibility in who they leave their share to after they have gone, regardless of whether their partner outlives them.
Joint tenants must always hold the legal title; tenants in common can only hold the equitable title. This means that when there is one sole survivor upon the death of a tenant in common, he does take full ownership of the legal estate despite not obtaining the equity share that has been left.
If you hold the property as tenants in common this means that each owner has a distinct share in the property. In the absence of any statement to the contrary, it is presumed you hold in equal shares. Alternatively, it may have been specified what share of the property belongs to each owner, e.g. 70/30.
Tenancy by the entirety is a form of co-ownership that applies only to a husband and wife while they are married. It is based on the old common law view that a husband and wife are one person for purposes of owning property.
It is most common that people change from joints tenants to tenants in common when they get a divorce or separate from their partner. This means an owner can pass on their percentage share of the property to someone who is not the co owner, i.e their ex partner.
Can I force them to sell? A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale.
You may have no other choice but to go to court to force a sale. The proceeds of the house sale may go toward paying your mortgage off and you can walk away. However, if you transfer ownership in another way, you'll need to ensure that the remaining co-owners are willing and are able to refinance the loan without you.
Can I force them to sell? A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. However, to do so you would need to apply to a court for an "order for sale".
If you hold your property as tenants in common and wish to sell the property following the death of your partner, as the property's legal owner, you have the right to do this. You can appoint an additional trustee in place of the deceased owner to give good receipt for purchase monies and enable the sale to proceed.
Where a property is owned as joint tenants, when one of the owners die the property automatically pass to the surviving owner, regardless of what the Will of the deceased owner says. This is known as a 'right of survivorship'. This is the most common way a property is owned by husband and wife or civil partners.