In today’s market, home
prices are out of reach for many, but some are pooling their resources
with a friend or family member to purchase a home they otherwise
wouldn’t be able to afford. For young adults who can’t pay for a home on
their own—or for family members who want to take advantage of the tax
benefits associated with home ownership—co-buying is the best bet when
it comes to buying a house.
"Neither of us had a big enough chunk of money to put down for a home in a desirable neighborhood," Brian Free told the U.S. News & World Report
about his decision to purchase a home with his friend. "However,
aggregating our resources allowed us to find a home that suited our
needs."
As with any financial
arrangement involving close friends or family, planning and careful
consideration are needed. But with forethought and a little know-how,
many of the common pitfalls can be avoided.
Choose how you will hold title
The decision on how to hold
title determines who can sign documents and how the property is
transferred in case of an owner’s passing. Co-buyers who aren’t married
to each other may share a title as tenants in common (TIC) or as joint
tenants with right of survivorship (JTWROS). Married co-owners may also
take title via community property or tenancy by the entirety.
How do TIC and JTWROS ownerships differ?
When
each co-owner has an equal interest (or share) in a home, a JTWROS
applies, with one title held between all the co-owners. When a co-owner
dies, his or her share goes to the other owners. Ultimately, the last
surviving owner will own all the shares in the property.
The shares of tenants in
common may be equal or unequal, and each co-owner has a separate legal
title. In a TIC arrangement, there is no right of survivorship, so the
home doesn’t go to the last surviving owner. Each co-owner can pass
along his or her ownership via a will, meaning that the remaining
tenants in common may find themselves sharing ownership of a home with
someone they have never intended to.
Tenancy in common can be
dissolved when one owner buys out another, the property is sold or one
owner files a partition action to sell the home.
How are TIC and JTWORS ownerships similar?
In both tenancy in common and
joint ownership situations, co-owners have equal rights of possession,
meaning that each may occupy and use the property. If the home is
rented, each co-owner is entitled to rental income from the entire
property in proportion to the ownership share.
Before you buy, write a co-ownership agreement
Sharing the cost of buying a
home can benefit all the parties involved, but it’s essential to
determine ground rules before any money changes hands.
Co-ownership
agreements are essentially the pre-nuptial agreements of home
ownership: they lay out the relevant concerns of the parties involved.
While it might be difficult to imagine problems when you’re excited to
own a home with a friend or family member, these documents are important
because they are the only way to resolve ownership issues aside from
court proceedings. And when thousands of dollars are stake, it’s
important to address the next three concerns.
What are the ownership percentages?
For joint tenants, this is
easy: each co-owner has an equal share. Tenants in common may choose to
divide the shares, perhaps based on the amounts contributed for the down
payment.
How are ongoing expenses divided?
The division of recurring
expenses such as mortgage payments, property taxes, insurance, utilities
and maintenance costs should be spelled out in your co-ownership
agreement. They may be divided to match the ownership percentages, or by
the amount of time each co-owner will invest in improving or providing
upkeep for the property. Consider setting up a joint checking account so
that any co-buyer may draw from it in order to pay these bills.
What happens when one co-owner wants to sell?
When co-owners want to their
interest in the house, they are not required to sell to someone approved
by the remaining co-owners. However, a co-ownership agreement can grant
the remaining co-owner the right of first refusal.
Contact Us
AURUM ESTATES
#1-2, Opp. Uniworld Gardens,
Adjoining indian oil petrol pump,
Sohna Road Gurgaon
(Haryana) 122018
Tel: +91 124 3295123
Mob: +91 9999997969
Fax: +91 124 2217833
Email: info@aurumestates.com
website http://aurumestates.com
AURUM ESTATES
#1-2, Opp. Uniworld Gardens,
Adjoining indian oil petrol pump,
Sohna Road Gurgaon
(Haryana) 122018
Tel: +91 124 3295123
Mob: +91 9999997969
Fax: +91 124 2217833
Email: info@aurumestates.com
website http://aurumestates.com






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