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Montana 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
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Word
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Description

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.

Montana Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent is a legally binding document defining the terms and conditions for co-owning a property in the state of Montana. This Agreement ensures that each co-owner has equal rights and responsibilities over the premises, preventing one owner from selling or renting the property without the explicit consent of the other owner. This type of agreement is crucial when two or more individuals decide to invest in a property together as tenants-in-common. It establishes guidelines to protect the interests of all co-owners and avoid disputes regarding the property's management and utilization. By requiring mutual consent for any sale or rental decisions, this agreement ensures transparency and fairness in all property-related matters. The Montana Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent may come in various forms based on the specific requirements and preferences of the co-owners. These different types may include: 1. Basic Montana Agreement: This is the standard form of the agreement that covers general provisions and outlines the co-owners' rights and responsibilities. It typically specifies the percentage of ownership each party holds and establishes rules for decision-making. 2. Customized Montana Agreement: This type allows co-owners to tailor the agreement to their unique circumstances. It grants flexibility in including specific clauses related to maintenance responsibilities, financial contributions, and dispute resolution methods, among other aspects. 3. Time-Based Montana Agreement: Occasionally, co-owners may decide to limit the duration of the agreement. This type of agreement establishes a set period during which neither party can sell nor rent the property without the other's consent. 4. Revised Montana Agreement: Over time, circumstances may change, prompting co-owners to update their agreement. A revised Montana Agreement allows for modifications to the original terms and conditions, ensuring that the agreement reflects the co-owners' current needs and expectations. In summary, the Montana Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent is a vital document for those co-owning property in Montana. By detailing the rights and obligations of each party, this agreement establishes a fair and transparent framework that prevents unilateral actions regarding the property's sale or rental. Whether it is a basic or customized agreement, time-based or revised, the specific type will be determined by the co-owners' preferences and circumstances.

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FAQ

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.

Yes one co-owner can sell his share to third party without consent from other co-owner. The shareholder cannot sell his share with demarcation.

If you own real property as a joint tenant or tenant in common with another party and wish to sell your share in the property, but the other owners do not wish to sell or do not have the funds to buy you out, you can make an application to court seeking the appointment of a statutory trustee to sell the property

Joint tenancy has certain rules of sale and therefore requires all parties to agree and sign the transfer. Whereas in tenants in common, there's no rules on selling and any owner of shares can sell their share to whoever they choose, and don't need permission from any other parties.

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.

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".

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.

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 a tenant in common refuses to sell, a co-owner can force the sale of the TIC or do a partition. A tenant in common can petition the court to do a forced sale of the entire property. In this situation, the court takes control of the property and the court performs a forced sale.

More info

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Montana Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent