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Tenant In Common Laws

Wondering about tenant in common (TIC) laws? Interested in learning how interest in a TIC property is handled? Curious about what happens when a co-owner dies? Read on to learn more about tenant in common investments.

In a TIC, each owner can own an unequal share in the property. That means one owner can hold 10 percent interest, while another holds 30 percent, and still another holds 60 percent. Each owner has the same rights to the property and receives a percentage of the income in accordance with the shares owned. Each owner also receives an individual deed.

When one of the owners of a tenant in common dies, shares in the TIC may be passed on according to the owner's last will and testament. However, the shares of a tenancy in common are subject to probate. Additionally, shares of a tenant in common can be sold, transferred, or gifted according to the wishes of the tenant or co-owner. The co-owner does not need the permission of the other owners in order to sell or otherwise transfer his or her interest in the property. However, decisions regarding the sale of the entire property are made by obtaining vote. The same goes for such things as hiring managers and refinancing.

Tenant in common regulations limit numbers to no more than 35 owners of a TIC property. TICs don't act as an entity and each owner is responsible for his or her own taxes.

There are plusses and minuses that are unique to TIC ownership. TM 1031 Exchange has successfully handled hundreds of TIC investments for 1031 exchange investors. Please contact us so we can discuss in more detail if a TIC is a good option for you.

At TM 1031 Exchange, we work to assist investors in finding appropriate investment properties. To receive a full list of available TIC properties, call toll-free 1-877-4TM-1031. If you prefer, you may inquire about our services and let us know how we can help you via e-mail here team@tm1031exchange.com.

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