A Tenants in Common Agreement is a property ownership contract between two or more co-owners outlining their rights and shares in real estate. It is used to prevent ownership disputes and clarify how profits, expenses, or sales proceeds are divided.
It is a written contract between two or more people who own a property together. It outlines who owns what, how decisions will be made, and what happens if one person wants to leave or passes away. Unlike joint ownership, each person listed in the memorandum of tenants in common agreement owns a separate share of the property, which they can give away or leave in a will.
Anyone over the age of 18 can enter into the agreement. This includes people who live together:
Individuals;
Business partners;
Family members;
Friends;
Unmarried couples.
The deal typically involves real estate, such as a house, apartment, or land, though it can also apply to other shared assets like vacation homes or commercial property. Each party holds a specific, separately owned share of the property, which they can sell, transfer, or leave to someone in a will.
Tenants in common contracts can also set rules for everyday responsibilities, such as how to split mortgage payments, repairs, or utility costs. The document is especially helpful for major events, like when one owner wants to sell their share or passes away, as it allows for the prevention of lengthy court hearings.
When Should You Use a Tenants in Common Agreement?
A tenants in common agreement template is useful any time several unmarried individuals decide to own property together, especially if everyone contributes different amounts or wants flexibility with their share.
Common situations
Buying a home with a friend or sibling;
Investing in a rental property with a partner;
Living with someone (not married) and owning a house together;
This document usually covers such essential information:
Full name and contact details of all parties involved in the deal;
Full description and address of the property;
Exact ownership shares (e.g., 50/50 or 60/40);
How you'll pay for the mortgage, taxes, and repairs;
What happens if one party decides to sell their part;
What happens if someone passes away;
Which state's laws apply to the agreement.
If you're unsure about what clauses to add to the document, use a tenants in common agreement example available online or consult a real estate lawyer.
You don't need a law degree to write this document. If you use a reliable tenancy in common agreement template, here's how to fill it out:
List the full names and current addresses of all owners.
Write the full address of the property and add a description if needed.
Write down how much of the property each person owns. This can be equal, or based on how much money each person paid.
Decide who will pay for the mortgage, utilities, taxes, repairs, and other expenses.
Decide what happens if one of you wants to move out, sell their share, or dies. Do the others get the first choice to buy the share? Can someone leave their share to their family?
Specify what to do if there's a disagreement. Mediation or arbitration are common options.
Pick which state's laws the document will follow. It's usually the one where the property is located.
Add the signatures of all owners, the date, and the location.
Download the finished tenants in common agreement PDF.
If you wish to end your fixed-term joint tenancy, you must simply get the approval of your landlord and consent from the other tenants. When you end your tenancy, it ends for everyone, as mentioned in the tenants in common agreement sample. It is necessary to get all tenants' consent to end a joint tenancy with a break clause unless your agreement states otherwise.
Should I Have My Tenants in Common Agreement Notarized?
It's not required in every state but adds legal protection to the deal. A notary confirms that everyone signed it willingly and understood what they were agreeing to. That can make a big difference if there's ever a legal dispute.
Keep a copy of the signed TIC agreement sample in a safe place. You may also file it with the county where the property is located, depending on local rules.
What State Laws Regulate the Tenants in Common Agreement?
Property law can have particular rules about how to deal with certain types of homeownership. Below are the state laws across the U.S. regulating tenancy-in-common and joint tenancy relations.
State Law
Alabama
Ala. Code § 35-4-7
State Law
Alaska
Alaska Stat. 34.15.110
State Law
Arizona
ARS § 33-431
State Law
Arkansas
Ark. Code § 18-13-113
State Law
California
Cal. Civil Code § 685
State Law
Colorado
Colo. Rev. Stat. § 38-31-101
State Law
Connecticut
Conn. Gen. Stat. § 47-14a
State Law
Delaware
Del. Code Ann. tit. 25, § 311
State Law
Florida
Fla. Rev. Stat. Title XL § 689.15
State Law
Georgia
GA Code § 44-6-120
State Law
Hawaii
Haw. Rev. Stat. § 509-2
State Law
Idaho
Idaho Code §§ 55-508
State Law
Illinois
765 ILCS 1005
State Law
Indiana
IC Title 32-17-3
State Law
Iowa
Iowa Code Ann. § 557.15
State Law
Kansas
K.S.A. 58-501
State Law
Kentucky
Ky. Rev. Stat. § 381.120
State Law
Louisiana
La. Stat. tit. 9 § 1711.1
State Law
Maine
Me. Rev. Stat. Ann. tit. 36 § 555
State Law
Maryland
Md. Code Ann § 4-108
State Law
Massachusetts
Mass. Gen. Laws Ann. ch. 184, § 7A
State Law
Michigan
Mich. Comp. Law § 700.2901
State Law
Minnesota
Minn. Stat. Ann. § 500.19
State Law
Mississippi
Miss. Code Ann. § 89-1-7
State Law
Missouri
Mo. Rev. Stat. §§ 442.025
State Law
Montana
Mont. Code Ann. § 70-20-105
State Law
Nebraska
Neb. Rev. Stat. § 76-118
State Law
Nevada
NV Admin Code 375.128
State Law
New Hampshire
NH Rev Stat § 477:18
State Law
New Jersey
NJ Rev Stat § 46:3-17
State Law
New Mexico
NM Stat § 47-1-36
State Law
New York
NY Est Pow & Trusts L §§ 6-2.1, 6-2.2
State Law
North Carolina
N.C. Gen. Stat. § 6-41-71
State Law
North Dakota
N.D. Cent. Code § 47-02-08
State Law
Ohio
Ohio Rev. Code Ann. § 5302.19
State Law
Oklahoma
60 OK Stat § 60-74
State Law
Oregon
ORS Volume 03, § 93.180
State Law
Pennsylvania
15 PA Cons Stat § 8422
State Law
Rhode Island
RI Gen L § 34-3-1
State Law
South Carolina
S.C. Code §27-7-40
State Law
South Dakota
S.D. Codified Laws Ann. § 29A-6-302
State Law
Tennessee
Tenn. Code Ann.Title 66, chapter 1, part 1, § 66-1-107; Title 61, part 2, § 66-1-202.