In Minnesota when two or more people buy a home together they can choose joint tenancy or tenancy-in-common. The Minneosta Home Ownership Center has created a new Fact Sheet to provide an overview of both types of ownership.
Here's how it works:
Joint tenancy is when two or more people own equal shares of a home. If an owner dies, ownership is transferred to the remaining owner(s).This is called the “right of survivorship.”
Tenancy–in-common is when two or more people own a home. Ownership does not have to be equal. If an owner dies, ownership is transferred to the person(s) named in their will.
When choosing tenants-in-common, a tenancy-in-common agreement is recommended. Agreements are usually written with the assistance of a real estate attorney.
The agreement generally includes:
- The agreed to percentage of ownership for each owner.
- A formula to determine the amount of each owner’s payment.
- Consequences for an owner not paying their portion of the mortgage.
- How property maintenance and the cost will be shared.
- Restricting the sale or transfer of ownership without the consent of the other owner(s).
- Acceptable reasons and the price to buyout an owner.
- What happens if an owner declares bankruptcy or in the event of a death.
To view this new fact sheet, and other helpful information for first-time buyers, visit the Center's website here.
If you're thinking of purchasing your first home... and would like to learn more about the types of homeownership and lots of other important information, you should take a Home Stretch workshop!