Tenancy in Common (TIC) ownership is often paired with a tenancy in common agreement (TIC Agreement) under which each owner receives the exclusive right to occupy a particular space within the co-owned property. The assigned spaces may be apartments within an apartment complex or building, houses on a single lot, rooms within a single house, offices within an office suite or office building, storage areas within a warehouse, or any other part of a residential or commercial property. We have even created space-assignment tenancies in common for a horse stable, a marina, and a yurt commune. Assigning occupancy rights in a tenancy in common agreement allows a Realtor, seller, project sponsor, or co-owner group to create an arrangement that feels and acts like a subdivision even though actual legal subdivision is impossible, unaffordable, or too time-consuming.
TICs with assigned occupancy rights should not be confused with TICs that do not involve occupancy rights (including TICs formed for 1031 tax deferred exchanges) because the important issues and questions are very different. For information on TICs without occupancy rights, visit our real estate investment page. The articles, links and resources on this page relate specifically to tenancy in common arrangements involving exclusive occupancy rights.
The New Generation of TIC Agreements
While we are proud of the more than 5,000
co-ownership agreements we have written over the past 25 years, our 2010 tenant in common
agreements have made a quantum leap forward in quality and clarity, as
explained in this article.
TIC FAQs
More and more people share real property, either as homes or for investment. Here are answers to the most commonly asked questions about tenants in common ownership.
Financing and Refinancing TICs In Todays Difficult Market
Answers to the the most commonly asked questions about TIC lending in the current lending environment.
A Primer on Tenancy In Common
An introduction to tenancy in common ownership
Property Tax Allocation Among Tenants In Common Owners
Often, each parcel of real estate receives a single property tax bill, regardless of whether there is one owner or ten. This article explains how to divide property tax among tenants in common owners and efficiently collect each co-owner’s share.
Building Owners Selling One TIC At A Time
Selling TIC shares one at a time as tenants vacate; Protecting a seller from the financial risks of having TIC co-owners; Does selling TIC shares increase the seller's property taxes? Can TIC sale proceeds be used in a 1031 tax-deferred exchange?
TICs In Today's Real Estate Market
How has the residential TIC market performed during the recent real estate slump?
Buying and Selling TICs in Larger Buildings
Are TICs formed for large buildings more risky? How are TICs structured?
California Public Reports For Large Tenancy In Common (TIC) Projects
The need for California Department of Real Estate approval for sales of TIC interests in parcels containing five or more residential units, and the procedures and requirements for obtaining approval.
Court Decision in McTIC Lawsuit
Court decision in "Tom v. San Francisco" striking down TIC regulation and arguably holding that local governments cannot prohibit TIC formation by homebuyers. This decision was later ordered published, making it official law.
New Case Limits Local Governmental Regulation of TICs
Daro v. Foy, just decided by a California appellate court, clarifes that TICs do not fall under the Subdivision Map Act and therefore are not subject to local subdivision or condominium conversion restrictions. See pages 10-14. (178 KBytes, PDF)
Individual TIC Financing
Is individual tenants in common financing possible, and how does it work?
Individual TIC Financing Revisited; Seller/Developer Liability In TIC Sales
Availability of individual (fractional) TIC financing; kinds of fractional tenant in common loans currently available; Does selling TIC interests create unusual liability for an apartment building seller?
Playing The Home Mortgage Game
Rental Tenants Purchase Own Building As TIC
Case Study involving the sale of an apartment building to a group involving the building’s existing tenants
Tenancy In Common Instructional Video
This lecture discusses all aspects of tenants in common formation and governmental approval. Part 1 of a video link.
TIC Purchase Contract Addendum/Disclosure (group loans)
An attachment for purchase contracts which provides the contract contingencies, terms, and disclosures which need to be added to standard form purchase contracts for individual TIC interests sold with group financing (112 KBytes, PDF)
TIC Purchase Contract Addendum/Disclosure (individual loans)
Purchase contract addendum for sales of TIC interests with individual loans (90 KBytes, PDF)
TIC Financing Resources