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Tenants In Common

Tenants in Common (TIC) is a term specifically used within the real estate investment industry to refer to a specific form of co-ownership or joint ownership of real estate property. In a TIC arrangement, multiple parties can own a fractional interest in the same property, and each owner has an undivided, separate interest in the property. Here’s a breakdown of what it means in the context of real estate investment:

  1. Undivided Interest: Each tenant in common owns a specific percentage of the property, and this ownership stake is undivided, meaning it does not correspond to a specific physical portion of the property.
  2. Separate Deeds: Each co-owner can have a separate deed for their interest in the property, allowing for differing ownership percentages and the ability to transfer ownership without affecting the other co-owners.
  3. Independence in Ownership: Owners in a TIC arrangement can sell, transfer, or bequeath their interest independently of the other owners. The new owner would then become a tenant in common with the existing owners.
  4. No Right of Survivorship: In contrast to joint tenancy, a TIC arrangement does not inherently include the right of survivorship. This means that if an owner dies, their share does not automatically pass to the other owners but rather goes to the deceased owner’s heirs or as specified in a will.
  5. Flexibility in Investment: TICs allow investors flexibility as they can own a portion of a larger, potentially more lucrative property, which might be otherwise unaffordable to them individually. This enables a diversification of their investment portfolio.
  6. Shared Responsibilities: Co-owners typically share responsibilities such as the property’s maintenance costs, mortgage, taxes, and insurance proportionately based on their ownership percentages.
  7. Legal Agreements: Often, TIC owners enter into a TIC agreement, which outlines the rights and responsibilities of each owner, management details, and other aspects related to property ownership and management.

Application in Real Estate Investment

  • Commercial Properties: TIC arrangements are often used in commercial real estate investments, allowing multiple investors to pool resources to acquire larger or premium properties.
  • 1031 Exchanges: Investors often use TIC ownership as a tool to facilitate 1031 exchanges, where they can defer capital gains taxes by reinvesting the proceeds from the sale of one property into a new like-kind property.
  • Diversification: Investors can diversify their portfolio by owning shares in multiple properties through TIC arrangements, spreading the risk and potential rewards.

Understanding the legal and financial implications, as well as the benefits and risks associated with TIC arrangements, is crucial for investors considering this form of property ownership in the real estate investment industry.