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.
Nebraska 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
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.
If you jointly own your property as tenants in common, when you die your share of the property will pass to your estate.
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.
Buying a property as tenants in common also means that the co-owners take separate shares in the property, which can often be unequal shares. This is the more common method of owning a property, where the buyers are not married or where the contributions to the purchase price are unequal.
Ownership of real property can be held in equal or unequal shares among the property's co-owners. In a joint tenancy, there is equal ownership, but a tenancy in common arrangement can have ownership divided unequally.
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.
Joint owned property is any property held in the name of two or more parties, like husband and wife, or business partners, friends, or family members. The risks of joint owned property are the potential for financial issues with partial ownership of a property, like one party wanting to sell their share.
Elements of joint tenancy are possession, interest, time, and title. The only element required in a tenancy in common is possession.
A tenancy held by two or more people, in equal or unequal shares, each person having an equal right of possession over the entire property, but no right of survivorship.