What Is Tenancy in Common – TIC?
Tenancy in common is an arrangement where two or more people share ownership rights in a property or parcel of land. The property may be commercial or residential. When a tenant in common dies, the property passes to that tenant's estate. Each independent owner may control an equal or different percentage of the total property. Also, the tenancy in common partner has the right to leave their share of the property to any beneficiary as a portion of their estate. Contract terms for tenants in common are detailed in the deed, title, or other legally binding property ownership documents.
When two or more people own property as tenants in common, all areas of the property are owned equally by the group. The co-tenants may have a different share of ownership interests. For example, Sarah and Debbie may each own 25% of a property, while Leticia owns 50%. While the percentage owned varies, no individual may claim ownership to any specific part of the property.
Tenancy in common agreements may be created at any time. So, an individual may develop an interest in a property years after the other members have entered into a tenancy-in-common agreement. Returning to the example above, we could say that Sarah and Leticia originally each owned 50% of the property. At some point, Sarah decided to split her 50% portion with Debbie leaving the group with a 25/25/50 split.
Further, the members of the agreement may independently sell or borrow against their portion of ownership.
The capital gain that people don't need to pay the taxes in our state is $250K for a single.