Tenants in Common refers to an arrangement whereby two or more individuals co-own real estate without having a right of survivorship. This kind of ownership allows each owner to choose who inherits his or her interest once he or she dies. This is unlike the joint tenancy ownership where the interests of each of the co-owners pass to other co-owners upon dying (Clifford 29).
Tenants in Common have become very popular today. This popularity has been motivated by the continued rise in of real estate prices while communities are adopting an ever-stricter growth restriction. This situation has caused people to turning to tenancies in common as a way of maximizing their selling and buying power. These arrangements usually lower real estate prices while increasing buyers’ choice through allowing them to pool resources. This arrangement further increases marketing options and sale prices for sellers by allowing them to sell their share of real estate at a price higher than the one they would have received from single buyers. The popularity of Tenants in Common has further been enhanced by the introduction of fractional loans that allow co-owners to have their own mortgages. This arrangement substantially decreases the risk of co-ownership.
The other advantage of working with Tenants in Common is that each tenant has the ability to sell his or her tenancy in common interest anytime he or she wants. This is contrary to the belief among most people who are unfamiliar with Tenants in Common. The sale of these interests involving group loans are subject to rights of first refusal in addition to buyer approval to insure that the other co-owners can first verify the prospective buyers and make sure they are fully qualified. At the same time, marketability is enhanced if the group has a complete track record of paying its bills and solving its problems, something that greatly reduces the risks of the buyers.
The other pro of working with Tenants in Common is the ease in which decisions are made. In tenant groups that are small, decisions are usually determined by the owner vote. Here, there is distinction between decisions made on a day-to-day basis and those made by a majority, which involves purchasing very expensive non-emergency improvements, repair or alterations in the allocation of expenses, which are made by unanimous vote. The manners in which decisions are made in these groups are often transparent, thereby allowing all members to take part.
The other benefit of Tenants in Common is that it enables investors in real estate to maximize their investments’ value. They are able to achieve this fete through marketing their property as SACCO Tenancy in Common, a strategy that results in not only the quickest sales but also the highest price as a result of the presence of more single-unit buyers than investors in today’s marketplace and a rapid increase in sale prices in most communities. At the same time, Tenants in Common also offer the flexibility of selling compared to selling the entire property. This flexibility allows owners to replace tenants with Tenants in Common owners in a gradual process while diversifying his or her real estate portfolio (Karp and Klayman 53).
Clifford, Denis. Make Your Own Living Trust. Berkeley, Calif: Nolo, 2009. Print.
Karp, James and Klayman, Elliot. Real estate law. Chicago: Dearborn Real Estate Education. 2003. Print