• Wed. Nov 29th, 2023

    Resolving Disputes in Tenancy in Common Property Ownership: Legal Considerations and Best Practices


    Nov 21, 2023
    Resolving Disputes in Tenancy in Common Property Ownership: Legal Considerations and Best Practices

    Resolving disputes in Tenancy in Common property ownership can be a complex process, necessitating a comprehensive understanding of legal considerations and best practices. Tenancy in Common (TIC) is a form of property ownership where two or more individuals share ownership rights in a property. Each tenant in common owns a separate and distinct share of the property, which they can sell, mortgage, or bequeath without the consent of the other co-owners. However, this form of ownership can often lead to disputes among the co-owners, particularly regarding the use, management, and disposition of the property.

    Legal considerations play a significant role in resolving these disputes. The first step in resolving a TIC dispute is to refer to the TIC agreement, which outlines the rights and responsibilities of each co-owner. This document often provides guidance on how to handle disputes, including the process for mediation or arbitration. If the TIC agreement does not provide a resolution, or if there is no agreement in place, co-owners may need to turn to state law. Most states have laws that govern TIC arrangements and can provide a framework for resolving disputes.

    One common legal remedy for TIC disputes is partition, a court process that divides the property into separate portions corresponding to each co-owner’s share. If physical division of the property is not practical, the court may order a sale of the property and division of the proceeds. However, partition is typically a last resort, as it can be costly and time-consuming.

    Best practices for resolving TIC disputes emphasize communication and negotiation. Co-owners should strive to maintain open lines of communication and work collaboratively to resolve issues. It can be beneficial to involve a neutral third party, such as a mediator, to facilitate discussions and help co-owners reach a mutually satisfactory resolution. Mediation can be a cost-effective and efficient way to resolve disputes, as it avoids the need for court intervention.

    In addition to mediation, co-owners may want to consider drafting a new TIC agreement or amending the existing one to address the issues at hand. This could involve specifying the use of certain parts of the property, outlining procedures for making decisions about the property, or establishing a process for resolving future disputes. Legal counsel can provide valuable guidance in drafting or amending a TIC agreement to ensure it is legally sound and meets the co-owners’ needs.

    In conclusion, resolving disputes in Tenancy in Common property ownership requires a careful balance of legal considerations and best practices. Co-owners should refer to their TIC agreement and state law for guidance, consider legal remedies such as partition if necessary, and strive to communicate and negotiate effectively. Involving a mediator and revising the TIC agreement can also be effective strategies. By taking these steps, co-owners can work towards a resolution that respects each party’s rights and interests and preserves the value of the property.