--- title: Can a Tenant in Common Force a Subdivision? description: Tenant in common (TIC) is a property ownership structure where two or more investors jointly hold title to real property assets. Some important considerations come with this type of ownership arrangement. image: https://www.realized1031.com/hubfs/TICiStock-1157569771.jpg --- [![Realized 1031 Exchange Marketplace](https://www.realized1031.com/hs-fs/hubfs/Images/Brand/Logo/Realized/Realized-Logo-Black.png?width=240&height=80&name=Realized-Logo-Black.png "Realized 1031 Logo") ](https://www.realized1031.com/) - [Wealth Management Gap](https://www.realized1031.com/the-wealth-management-gap) - [Our Process](https://www.realized1031.com/how-realized-works) - [Financial Advisors](https://www.realized1031.com/advisor) - [Resources](https://www.realized1031.com/resources) - [The Company](https://www.realized1031.com/about-us) - [Articles](https://www.realized1031.com/blog) [Register](https://www.realized1031.com/marketplace) [Log In](https://www.realized1031.com/login) - Better Business Bureau Rating: **A+** - [FINRA BrokerCheck](https://brokercheck.finra.org/firm/summary/22333) - [Call](tel:1-877-797-1031) **(877) 797-1031** # Can a Tenant in Common Force a Subdivision? Posted Oct 27, 2021 ![TICiStock-1157569771](https://www.realized1031.com/hs-fs/hubfs/TICiStock-1157569771.jpg?width=750&height=392&name=TICiStock-1157569771.jpg) Tenant in common (TIC) is a property ownership structure where two or more investors jointly hold title to real property assets. Some important considerations come with this type of ownership arrangement. Ownership shares don’t have to be equal, and each owner is free to divest his or her shares independently of other owners. Unlike a joint tenancy, there is no right of survivorship in a TIC -- co-owners can bequeath their shares to an heir of their choosing. That last fact can be especially important for estate planning since TIC owners can choose who gets their ownership shares upon their passing. However, it also can bring about problems if the bequeathed has no interest in owning real estate and instead wants to dissolve the TIC agreement and cash out his or her shares. Depending on the circumstances, a dissenting TIC owner can actually force the sale of jointly-held real property if they do not want to remain property owners.   ### Tenant In Common and Petition to Partition In a [tenancy in common](https://www.realized1031.com/tenants-in-common-tic), co-owners are bound by certain organizational rules. Among them is the fact that they cannot sell their jointly held real estate without securing unanimous consent among all owners. Co-owners in a TIC can, however, sell their ownership interests in a piece of property without the approval or consent of other owners. This can pose problems for existing co-owners, who could get stuck with a less-than desirable co-owner. There are some workarounds available -- the other owners can buy out a dissenting owner’s shares. They also can come to an agreeable resolution through mediation. Co-owners who aren’t at loggerheads with each other can request that a court legally subdivide the property among TIC members so each can move forward independently. This process is called a partition in kind. However, when an amicable agreement can’t be reached among TIC owners, and one or more owners wants to dissolve the TIC arrangement, the dissenting owners can legally force a court-ordered sale of the asset in a process called petition to partition. Co-owners who can’t “meet in the middle” and work together due to an adversarial relationship could find themselves watching a court-ordered auction of the asset on the steps of the county courthouse. All proceeds will be divided among owners according to his or her pro-rata share of the asset. ### The Bottom Line Change is inevitable. Investors who enter into a TIC ownership agreement should cast a careful eye toward the near and long-term future, since change is bound to happen and there’s no guarantee that any transitions in ownership will be agreeable to existing owners. Co-owners can develop opposing interests for a variety of reasons and can pursue dissolution of the tenant in common ownership agreement through the courts in a partition to petition when an amicable solution can’t be reached. This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation. Download The Guide To Tenants-In-Common [![The Investor's Guidebook to TIC's](https://www.realized1031.com/hs-fs/hubfs/Images/UI/graphics/composites/TIC-eBook-250.png?width=250&height=250&name=TIC-eBook-250.png "See if Tenants-In-Common ...") ](https://www.realized1031.com/blog/can-a-tenant-in-common-force-a-subdivision#blogform) Download eBook ---   --- ### The Investor's Guidebook to TIC's ![Download The Guide To Tenants-In-Common](https://www.realized1031.com/hs-fs/hubfs/Images/UI/graphics/composites/TIC-eBook-550.jpg?width=550&height=650&name=TIC-eBook-550.jpg) See if Tenants-In-Common Investments are right for you. By providing your email and phone number, you are opting to receive communications from Realized. If you receive a text message and choose to stop receiving further messages, reply STOP to immediately unsubscribe. Msg & Data rates may apply. To manage receiving emails from Realized visit the Manage Preferences link in any email received. Search ### [Why Realized](https://www.realized1031.com/why-realized) - [Wealth Management](https://www.realized1031.com/the-wealth-management-gap) - [Why Realized](https://www.realized1031.com/why-realized) - [Our Process](https://www.realized1031.com/how-realized-works) - [Scenarios](https://www.realized1031.com/scenarios) - [Private Client Program](https://www.realized1031.com/private-client) - [Realized Exchange Services](https://www.realized1031.com/realized-exchange-services) ### [The Company](https://www.realized1031.com/about-us) - [The Team](https://www.realized1031.com/about-us) - [FAQ](https://www.realized1031.com/frequently-asked-questions) - [Testimonials](https://www.realized1031.com/testimonials) - [Press](https://www.realized1031.com/press) - [Careers](https://www.realized1031.com/careers) ### [Partners](https://www.realized1031.com/partners) - [Financial Advisors](https://www.realized1031.com/advisor) - [Broker Dealers](https://www.realized1031.com/partners/broker-dealers) - [Real Estate Agents](https://www.realized1031.com/partners/real-estate-agents) - [Certified Public Accountants](https://www.realized1031.com/partners/certified-public-accountants) ### [Resources](https://www.realized1031.com/resources) - #### Learn - [Articles](https://www.realized1031.com/blog) - [Glossary of Terms](https://www.realized1031.com/glossary) - [Capital Gains Tax Rates](https://www.realized1031.com/capital-gains-tax-rate) - #### Watch - [Video Library](https://www.realized1031.com/videos) - [Webinar Archive](https://www.realized1031.com/webinars) - #### Read - [Delaware Statutory Trust](https://www.realized1031.com/delaware-statutory-trust) - [Tenants-In-Common](https://www.realized1031.com/tenants-in-common-tic) - [1031 Exchange](https://www.realized1031.com/1031-exchange) - [Qualified Intermediary](https://www.realized1031.com/qualified-intermediary) - [Qualified Opportunity Zones](https://www.realized1031.com/opportunity-zones) #### Realized - 500 W 13th Street Austin, TX 78701 - (877) 797-1031 ##### [Contact Us](https://www.realized1031.com/contact-us) - [![Realized on Facebook](https://www.realized1031.com/hs-fs/hubfs/Images/UI/Social/Icons/Mix/social-facebook-whiterev.png?width=60&height=60&name=social-facebook-whiterev.png)](https://www.facebook.com/Realized/) - [![Realized on LinkedIn](https://www.realized1031.com/hs-fs/hubfs/Images/UI/Social/Icons/Mix/social-linkedin-whiterev.png?width=60&height=60&name=social-linkedin-whiterev.png)](https://www.linkedin.com/company/realized/) - [![Realized on YouTube](https://www.realized1031.com/hs-fs/hubfs/Images/UI/Social/Icons/Mix/social-youtube-whiterev.png?width=60&height=60&name=social-youtube-whiterev.png)](https://www.youtube.com/c/Realized1031?sub_confirmation=1) - [![Realized Holdings, Inc. BBB Business Review](https://www.realized1031.com/hs-fs/hubfs/Images/professional-assoc/bbb/RZH2-bbb-seal.png?width=40&height=65&name=RZH2-bbb-seal.png)](http://www.bbb.org/central-texas/business-reviews/real-estate-investors/realized-holdings-llc-in-austin-tx-1000112948/#bbbonlineclick) - [![FEA Logo](https://www.realized1031.com/hs-fs/hubfs/Images/professional-assoc/fea/RZH2-fea-logo.png?width=82&height=65&name=RZH2-fea-logo.png "FEA Logo")](https://www.1031.org) SECURITIES DISCLOSURE Realized1031.com is a website operated by Realized Technologies, LLC, a wholly owned subsidiary of Realized Holdings, Inc. (“Realized Holdings”). Securities and/or Investment Advisory Services may be offered through Registered Representatives or Investment Advisor Representatives of Realized Financial, Inc. ("Realized"), a broker/dealer, member [FINRA](https://www.finra.org)/[SIPC](https://www.sipc.org/), and registered investment adviser. Realized is a subsidiary of Realized Holdings, Inc. ("Realized Holdings"). Check the background of this firm on [FINRA's BrokerCheck](https://brokercheck.finra.org/firm/summary/22333). Hypothetical example(s) are for illustrative purposes only and are not intended to represent the past or future performance of any specific investment. Investing in alternative assets involves higher risks than traditional investments and is suitable only for sophisticated investors. Alternative investments are often sold by prospectus that discloses all risks, fees, and expenses. They are not tax efficient and an investor should consult with his/her tax advisor prior to investing. Alternative investments have higher fees than traditional investments and they may also be highly leveraged and engage in speculative investment techniques, which can magnify the potential for investment loss or gain and should not be deemed a complete investment program. The value of the investment may fall as well as rise and investors may get back less than they invested. This site is published for residents of the United States who are accredited investors only. Registered Representatives and Investment Advisor Representatives may only conduct business with residents of the states and jurisdictions in which they are properly registered. Therefore, a response to a request for information may be delayed until appropriate registration is obtained or exemption from registration is determined. Not all of services referenced on this site are available in every state and through every representative listed. For additional information, please contact the Realized Compliance department at 512-472-7171 or info@realized1031.com. - [Terms & Conditions](https://www.realized1031.com/terms-and-conditions) - [Privacy Policy](https://www.realized1031.com/privacy-policy) - [Form CRS](https://www.realized1031.com/hubfs/common-files/disclosures/FormCRS.pdf) - [ADV 2A](https://www.realized1031.com/hubfs/common-files/disclosures/ADV2A.pdf) - [Reg BI Disclosures](https://www.realized1031.com/hubfs/common-files/disclosures/RegBI.pdf) -   © 2026 Realized Holdings, Inc. ```json { "@context" : "http://schema.org/", "@type" : "BlogPosting", "articleBody" : "Tenant in common (TIC) is a property ownership structure where two or more investors jointly hold title to real property assets. Some important considerations come with this type of ownership arrangement. Ownership shares don’t have to be equal, and each owner is free to divest his or her shares independently of other owners. Unlike a joint tenancy, there is no right of survivorship in a TIC -- co-owners can bequeath their shares to an heir of their choosing. That last fact can be especially important for estate planning since TIC owners can choose who gets their ownership shares upon their passing. However, it also can bring about problems if the bequeathed has no interest in owning real estate and instead wants to dissolve the TIC agreement and cash out his or her shares. Depending on the circumstances, a dissenting TIC owner can actually force the sale of jointly-held real property if they do not want to remain property owners. Tenant In Common and Petition to Partition In a tenancy in common, co-owners are bound by certain organizational rules. Among them is the fact that they cannot sell their jointly held real estate without securing unanimous consent among all owners. Co-owners in a TIC can, however, sell their ownership interests in a piece of property without the approval or consent of other owners. This can pose problems for existing co-owners, who could get stuck with a less-than desirable co-owner. There are some workarounds available -- the other owners can buy out a dissenting owner’s shares. They also can come to an agreeable resolution through mediation. Co-owners who aren’t at loggerheads with each other can request that a court legally subdivide the property among TIC members so each can move forward independently. This process is called a partition in kind. However, when an amicable agreement can’t be reached among TIC owners, and one or more owners wants to dissolve the TIC arrangement, the dissenting owners can legally force a court-ordered sale of the asset in a process called petition to partition. Co-owners who can’t “meet in the middle” and work together due to an adversarial relationship could find themselves watching a court-ordered auction of the asset on the steps of the county courthouse. All proceeds will be divided among owners according to his or her pro-rata share of the asset. The Bottom Line Change is inevitable. Investors who enter into a TIC ownership agreement should cast a careful eye toward the near and long-term future, since change is bound to happen and there’s no guarantee that any transitions in ownership will be agreeable to existing owners. Co-owners can develop opposing interests for a variety of reasons and can pursue dissolution of the tenant in common ownership agreement through the courts in a partition to petition when an amicable solution can’t be reached. This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions. It should also not be construed as advice meeting the particular investment needs of any investor. Realized does not provide tax or legal advice. This material is not a substitute for seeking the advice of a qualified professional for your individual situation.", "articleSection" : [ "Tenants In Common" ], "author" : { "@type" : "Person", "email" : "marketing@realized1031.com", "image" : "", "name" : "The Realized Team", "url" : "https://www.realized1031.com/blog/author/the-realized-team" }, "dateModified" : "2021-10-27T12:00:02+0000", "datePublished" : "2021-10-27T12:00:02+0000", "description" : "Tenant in common (TIC) is a property ownership structure where two or more investors jointly hold title to real property assets. Some important considerations come with this type of ownership arrangement. \n", "headline" : "Can a Tenant in Common Force a Subdivision?", "image" : { "@type" : "ImageObject", "height" : 500, "url" : "https://f.hubspotusercontent10.net/hubfs/733513/TICiStock-1157569771.jpg", "width" : 750 }, "mainEntityOfPage" : "https://www.realized1031.com/blog/can-a-tenant-in-common-force-a-subdivision", "name" : "Can a Tenant in Common Force a Subdivision?", "publisher" : { "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "USA", "addressLocality" : "Austin", "addressRegion" : "TX", "postalCode" : "78701", "streetAddress" : "500 W 13th Street " }, "logo" : { "@type" : "ImageObject", "height" : 60, "url" : "http://www.realized1031.com/hubfs/Images/Brand/Logo/Realized/Realized-Logo-Black-No-Margin-296x60-AMP.png", "width" : 296 }, "name" : "Realized" }, "thumbnailUrl" : "https://f.hubspotusercontent10.net/hubfs/733513/TICiStock-1157569771.jpg" } ```