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South Carolina 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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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.

The South Carolina Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent is a legal document that outlines the terms and conditions of co-ownership of a property in South Carolina. This agreement is designed to protect the rights and interests of both owners, ensuring that neither owner can sell nor rent the premises without obtaining the consent of the other owner. In this agreement, the owners agree to hold the property as tenants-in-common, meaning they each have an individual and undivided ownership interest in the property. This ownership interest is not subject to survivorship rights, meaning that if one owner passes away, their share of the property does not automatically transfer to the other owner, but instead passes according to their will or through the laws of intestate succession. The South Carolina Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent includes provisions that outline the responsibilities and obligations of each owner. It typically addresses matters such as: 1. Consent for Sale or Rental: This agreement stipulates that neither owner is allowed to sell or rent out the premises without obtaining the other owner's consent. This provision ensures that both owners have a say in any decision regarding the property's use and disposition. 2. Maintenance and Repairs: The agreement may outline the responsibilities for maintaining and repairing the property. It may detail the sharing of costs and decision-making processes related to repairs, renovations, and regular upkeep. 3. Use and Occupancy: The agreement may address how the owners can use and occupy the premises. It may include provisions regarding the rights of each owner to access the property and use its facilities. 4. Financing and Mortgage: This agreement may address the financing of the property and the owners' responsibilities for any mortgages or loans. It may outline how the owners will share payment obligations and how ownership interests will be affected if one owner defaults on their mortgage payments. It is important to note that there may not be different types of the South Carolina Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent. However, the content and specific provisions of the agreement can be customized to meet the unique needs and circumstances of the co-owners.

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How to fill out South Carolina 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 are living in the jointly owned family home, unless you agree to voluntarily sell the home your spouse or partner can apply to the Court for an order for sale of the property. The Court will normally only make an Order for sale at a final hearing.

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 joint tenancy does not end when one joint tenant moves out of the property. If at least one of the joint tenants continues to live in the property as their only or principal home, the tenancy continues. The departing tenant can still be pursued for future rent arrears or costs due under the agreement.

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.

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.

If the tenancy is periodic, any one of the joint tenants can serve a notice to quit (NTQ) ending the tenancy for everyone.

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".

More info

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Please use this template only in connection with contract of sale of a property with the sale of real property. Please do not use this template for business purchase of a property. This template is specifically designed to give correct information and only use this template if you own a rental property, or a sale property, or a commercial or investment property.

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