| Key takeaways |
|---|
| Tenancy in Common (TIC) is a flexible way to co-own property, allowing multiple owners to hold individual, potentially unequal shares while sharing access to the home. Each owner can manage their financial responsibilities independently and sell, transfer, or pass their interest to heirs. With the right agreements in place, TIC can support shared lifestyle goals, whether that’s owning a vacation home, investing with partners, or planning for long-term ownership, while helping co-owners avoid disputes and plan for the future. |
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- What is tenancy in common?
- How does a tenancy in common agreement work?
- What are the different types of tenancy?
- What is an example of tenancy in common?
- Can you finance a tenancy in common?
- How are property taxes handled in a tenancy in common?
- What are the pros and cons of tenancy in common in real estate?
- How do you move on from a tenancy in common?
- How is Pacaso co-ownership different from tenancy in common?
| What is tenancy in common? |
|---|
| Tenancy in common (TIC) is a form of shared property ownership where two or more people hold individual, undivided interests in a property. Each owner can have a different ownership percentage, sell or transfer their share independently, and pass it on through their estate. TIC provides flexibility while giving each owner legal rights and responsibilities. |
How does a tenancy in common agreement work?
A TIC agreement is a form of fractional ownership where two or more people divide the costs associated with buying and owning a property. A TIC agreement can involve an unlimited number of co-owners and apply to both residential and commercial properties. Well-drafted agreements help avoid misunderstandings and ensure smooth co-ownership.
| 10 essential elements of a tenancy in common agreement |
|---|
| 1. Property details and description |
| 2. Percentage shares of each co-owner |
| 3. Financial responsibilities of each co-owner |
| 4. Guidelines for sharing profits or rental income |
| 5. Protocol for property management decision-making |
| 6. Procedures for resolving disputes among co-owners |
| 7. Guidelines for the sale or transfer of shares |
| 8. Backup plans for unforeseen circumstances |
| 9. Potential exit strategies |
| 10. Legal clauses relevant to the TIC jurisdiction |
- The deed must transfer to the group of co-owners: All it takes to form a tenancy in common is for one owner to transfer a deed to a co-owner group.
- The group must agree to a tenancy in common agreement: A tenancy in common agreement outlines how each owner will benefit financially from the property and defines how time will be allocated between each co-owner.
What are the different types of tenancy?
To fully understand TIC, it helps to see it in context with other types of tenancy:- Tenancy in Severalty: Single ownership. One person or entity holds the full title.
- Tenancy in Common: Flexible ownership percentages, independent transfer, and customizable agreements.
- Joint Tenancy: Equal ownership shares with right of survivorship. If one owner dies, their share passes automatically to the remaining owners.
- Tenancy by Entirety: Available only to married couples, combining joint tenancy with legal protections such as shielding the property from individual creditors.
What is an example of tenancy in common?
Now that you understand the basics of how TIC operates, let’s see how this ownership model plays out in a real-world tenancy in common example.In this scenario, three families enter into a tenancy in common agreement:The Jones, Richmond and Stevens families share a mountain cabin. The Jones family holds half of the property value, while the Richmond and Stevens families each hold one-quarter ownership.They visit the cabin throughout the years with equal usage rights, and each family plans to pass down their ownership rights to their kids. From there, the heirs can decide to sell the property and distribute the proceeds in line with their ownership interests or keep their shares. The story above illustrates how each co-owner can have a different amount of ownership shares and how the ownership interest can transfer to family members later.Can you finance a tenancy in common?
Although a tenancy in common is a form of fractional ownership, you still have access to traditional funding opportunities like loans. When it comes to tenancy in common financing, you have two options:- Group loan: If you get a group loan, you're all responsible for the whole mortgage. If one co-owner defaults, the others must cover their share.
- Individual loans: Each co-owner can get their own loan, like a standard single-owner mortgage. You are not responsible for the other co-owners' mortgages.
How are property taxes handled in a tenancy in common?
In general, a tax jurisdiction may require property taxes to be paid as a unit. This may be because shared ownership within a TIC doesn’t physically divide a parcel of land. Although you may have to pay property taxes as a unit, each co-owner may be eligible to deduct their property tax payments.If your TIC receives a single tax bill, your tenancy in common agreement will determine how the property taxes are paid. A common tax strategy within TIC agreements is for each member to pay property taxes equal to the percentage of their ownership. The TIC agreement should also present how the funds are collected and taxes paid.What are the pros and cons of tenancy in common in real estate?
As an arrangement that enables multiple individuals to share ownership of a single property, TIC brings a set of distinct advantages and challenges that prospective homeowners must consider.Understanding these key factors is essential in making informed decisions and forging successful co-ownership partnerships. Below is a side-by-side of the pros and cons of tenancy in common.| Pros | Cons |
| Simplifies property purchases | Lacks automatic survivorship rights |
| Easily change the number of tenants | All tenants are liable for debt and taxes |
| Allows for varying degrees of ownership | One tenant can force a property sale |
Advantages of tenancy in common
Here are the core advantages of opting for a tenancy in common agreement:- Simplifies property purchases: Tenancy in common simplifies property buying by enabling multiple parties to collectively invest in a property.
- Easily change the number of tenants: TIC allows for the easy addition or removal of co-owners without significantly altering the ownership structure.
- Allows for varying degrees of ownership: Tenancy in common permits unequal ownership shares, enabling individuals to invest different amounts based on their financial abilities or ownership preferences.
Disadvantages of tenancy in common
Although a TIC agreement can be an easily customizable and flexible ownership arrangement, it also has its drawbacks, such as:- Lacks automatic survivorship rights: In a tenancy in common, there's no automatic transfer of a co-owner's share to others upon their death, creating potential disputes over the deceased co-owner's share.
- All tenants are liable for debt and taxes: Each co-owner shares equal responsibility for property-related debts and taxes, potentially causing financial complications if one co-owner fails to meet their obligations.
- One tenant can force a property sale: A single co-owner in tenancy in common can initiate the sale of the entire property, potentially leading to disputes among co-owners regarding how to sell and distribute shares.
How do you move on from a TIC?
Can I dissolve a tenancy in common agreement?
Dissolving a tenancy in common is relatively straightforward and easy to accomplish, assuming all co-owners wish to end the agreement. To dissolve a tenancy in common agreement, each member must sell their shares of the property. This can only happen if all the owners agree to sell their ownership rights and split proceeds according to ownership interest percentages. Additionally, seeking legal advice, drafting a formal dissolution agreement and adhering to the legal procedures required in your jurisdiction are crucial steps in the dissolution process.Can I sell or transfer a TIC interest?
One major advantage of TIC is the ability to sell your share independently of other owners. Agreements typically outline steps for resale, including offering shares to existing co-owners first, and compliance with local laws. This flexibility makes TIC appealing for those who may want to exit or adjust their investment.Can I pass down a TIC to an heir?
Because TIC does not include right of survivorship, owners can pass their share to heirs through a will or estate plan. Proper planning helps avoid disputes and ensures heirs understand their rights.How is Pacaso co-ownership different from tenancy in common?
Enjoy second-home ownership without the hassle
Tenancy in common illustrates the appeal of co-ownership: shared access to a property, flexibility in usage, and the ability to manage your ownership independently. But it also comes with responsibilities—coordinating with other owners, managing maintenance, and navigating financial obligations.If you love the idea of shared ownership but want to skip the day-to-day management, a Pacaso second home offers the perfect solution. Pacaso provides LLC co-ownership of luxury homes, and handles all property management, giving you all the benefits of a second home—privacy, comfort, and shared enjoyment—without the stress of maintenance, scheduling, or administrative responsibilities.Explore Pacaso homes in premier destinations and start your second-home journey today.Tenancy in common FAQ
01: What does tenancy in common mean?
Tenancy in common is a co-ownership structure that allows multiple individuals to hold separate, potentially unequal, interests in a property. It offers a lot of flexibility for multiple owners to own different amounts of a property.
02: What is the difference between tenancy in common vs. joint tenancy?
The most significant difference between joint tenancy and tenancy in common is who gets access to your share of the property in the event of your death. Joint tenancy is like a shared bank account — if one person dies, the others automatically get their share. Tenancy in common is different; you can own different amounts, and your share goes to your heirs, not the other owners.
03: What are the responsibilities of tenants in common?
Tenants in common are responsible for sharing property expenses, seeking mutual agreement for property changes and ensuring fair property access between tenants.
04: Do you have to be related to form a tenancy in common?
No, owners do not have to be related to form a tenancy in common. However, relatives can also take advantage of a TIC if they choose to do so.
05: How does marriage affect tenancy in common?
Marriage can potentially convert a tenancy in common to a tenancy by the entirety or joint tenancy with the right of survivorship, depending on the jurisdiction of the TIC agreement.
06: What is tenancy by the entirety?
Tenancy by the entirety is a form of property ownership where both parties jointly own the entire property as one entity with rights of survivorship.
07: How do you transfer your shares in a tenancy in common?
Shares can be bought out by fellow tenants, sold to a new owner or willed to an heir.
08: What happens if a tenant wants to sell?
Owners can sell or will their shares independently. When a property can’t be divided equally, it leads to a forced sale through a court order called a partition action. Co-tenants can always opt to buy out any owner who wants to sell.
09: Can tenancy in common be dissolved?
Yes, selling a property dissolves the tenancy in common. However, all owners must agree to this action.
010: What happens when a tenant dies?
In the event that a tenant dies, their shares would pass to a living heir instead of the remaining co-owners.
11: Can tenants in common own different percentages of a property?
Yes. TIC allows unequal ownership shares. For example, one co-owner could hold 50%, another 30%, and a third 20%, reflecting their initial investment or agreement among owners.
12: Do tenants in common have equal rights to use the property?
Yes. Regardless of ownership percentage, each co-owner typically has the right to use and enjoy the property. TIC agreements may include schedules or rules to ensure fair access for all owners.
13: Can tenants in common finance their shares differently?
Yes. Financing options include individual loans where each co-owner finances their own share independently, or group loans where all owners share responsibility for a single mortgage.
This flexibility allows co-owners to structure financing based on their needs while protecting themselves from each other’s financial risk.









