SAMPLE TENANCY IN COMMON AGREEMENT 2025

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For example, if A and B own a house as tenants in common, and A owns 1/3 of the house and B owns 2/3, they both have the right to occupy the entire property. Further, if B sells his 2/3 share of the home to C, A still retains his 1/3 share in the house.
In general, each co-owner must have the rights to transfer, partition, and encumber the co-owners undivided interest without the agreement or approval of any person. However, restrictions on these rights required by a lender (consistent with customary commercial lending practices) are permitted.
Tenancy in common. Each owner has a separate undivided interest in the whole = 1/n of the property. Right to possession. Each tenant in common has the right to possess and enjoy the entire property, can go into possession of the whole unless another co-tenant objects.
The right of a particular owner to use a particular dwelling comes from a written contract signed by all co-owners (often called a tic agreement, a tenancy in common agreement, a tenants in common agreement, or a co-tenancy agreement), not from a deed, map or other document recorded in county records.
In a tenancy in common, the property owners have unequal shares of ownership of the property. For example, if one owns 50%, another person may own 25% and another person may own the remaining 25% of the property.

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The most common types include joint tenancy, tenancy in common, tenants by entirety, sole ownership, and community property.

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