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Tenant-in-Common Rights and Liabilities

Tenant-in-Common Rights and Liabilities

Tenant-in-common (TIC) ownership structures are still broadly used as a real estate investment structure. An important component of TICs is that every co-owner needs to get along so that decisions can be made in a timely manner. This generally works best with a small group of people who know each other and have an understanding of the use of the property and what any goals for the property might be.

Mar 5, 2021

Tenant-in-Common Investment Property Offerings: How They Work and What You Need to Know

Tenant-in-Common Investment Property Offerings: How They Work and What You Need to Know

An investment offering provides investors with the information they need to know to decide whether to invest or not in a particular opportunity. This is no different for tenant-in-common (TIC) offerings. In this article, we'll go over what to expect in a TIC offering and the associated subscription letter.

Feb 28, 2021

Does Land Registry Show Tenants In Common?

Does Land Registry Show Tenants In Common?

There are several legal structures in which two or more people can hold title to real property. The most common joint-ownership structures are tenants in common and joint tenants.

Feb 15, 2021

Do Tenants in Common Owe Fiduciary Duties?

Do Tenants in Common Owe Fiduciary Duties?

There are many different ways investors can co-own commercial real estate, and the rights and responsibilities vary within each type of ownership structure.

Feb 11, 2021

Can Tenants In Common Force a Sale?

Can Tenants In Common Force a Sale?

Tenant in common is a frequently used joint ownership agreement for commercial and residential real estate. Commercial real estate investors often purchase individual interests in TIC properties to complete 1031 exchanges and defer capital gains taxes on the sale of investment properties.

Jan 27, 2021

Can Tenants In Common Have Unequal Shares?

Can Tenants In Common Have Unequal Shares?

A tenancy in common is a legal ownership structure that allows two or more people to jointly purchase and hold real estate. TIC properties offer several potential benefits for 1031 exchange investors seeking to defer capital gains from the sale of investment properties.

Jan 22, 2021

What Happens If One Of The Tenants In Common Passes Away?

What Happens If One Of The Tenants In Common Passes Away?

There are three generally recognized forms of concurrent estates (which is defined as an estate in which each owner owns a share of the property): tenancy in common, joint tenancy, and tenancy by the entirety. In a joint tenancy, each owner has an undivided interest in the property and inherits the part of an owner who dies. Tenancy by the entirety (recognized in about half of states) is similar to joint tenancy in that the tenants have an undivided interest and right of survivorship. The significant difference is that this tenancy is only available to spouses, and it allows spouses to hold property as a legal unit.

Dec 23, 2020

Do Tenants In Common Pay Inheritance Tax?

Do Tenants In Common Pay Inheritance Tax?

A common question from someone inheriting a property held by Tenants-In-Common (TIC) is if there is a need to pay inheritance tax.

Nov 4, 2020

Can I Change From Joint Tenants To Tenants-In-Common?

Can I Change From Joint Tenants To Tenants In Common?

There is no formal process that transitions from joint tenants to tenants-in-common. Instead, the joint tenants must be terminated and new tenants in common created. How simple the transition is depends on how you go about it. In this article, we’ll look at two methods for making the transition.

May 20, 2020

Petition To Partition: When Co-Tenants Just Can't Agree

Petition To Partition: When Co-Tenants Just Can't Agree

Imagine the following. You decide to buy an office building with three other acquaintances through a tenant-in-common (TIC) agreement. The four of you like the idea that the TIC structure will allow you to choose a beneficiary to which your share can pass to, if you die.

Apr 22, 2020

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