Florida Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent

State:
Multi-State
Control #:
US-02284BG
Format:
Word
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Florida Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent is a legally binding document that outlines the terms and conditions under which multiple individuals co-own a property as tenants in common. This agreement ensures that neither owner can sell nor rent out the premises without the explicit consent of the other owner(s). This type of agreement is highly beneficial for individuals who wish to invest in property together but want to maintain control over any decisions regarding the property. The agreement establishes the rights and obligations of each co-owner, ensuring a fair and harmonious relationship. Key terms and conditions typically included in the Florida Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent may include: 1. Property Details: The agreement begins with a detailed description of the property, including its address, legal description, and any unique characteristics or restrictions. 2. Co-Owner Information: Each co-owner's full name, contact details, and percentage of ownership are specified. This ensures clarity and transparency regarding ownership. 3. Consent Requirement: The agreement explicitly states that neither owner can sell nor rent the premises without obtaining the written consent of the other owner(s). 4. Voting Rights: If there are more than two co-owners, the agreement may outline the process for decision-making, such as requiring a unanimous vote for any major decisions related to the property. 5. Maintenance and Expenses: The agreement typically establishes how maintenance costs and other expenses related to the property will be shared among the co-owners. It may also outline the process for settling disputes related to financial obligations. 6. Insurance and Liability: The agreement may require each co-owner to maintain adequate insurance coverage for the property and clarify their liability in case of any accidents or damages. 7. Termination and Dissolution: The circumstances under which the agreement can be terminated or dissolved should be clearly stated. This may include the death, bankruptcy, or withdrawal of any co-owner. Different variations or types of Florida Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell nor Rent Premises without Other's Consent may exist, depending on the specific needs and preferences of the co-owners. It is recommended to consult with an attorney specializing in real estate law to ensure the agreement meets all legal requirements and adequately protects the rights and interests of all parties involved.

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  • Preview Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent
  • Preview Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent
  • Preview Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent
  • Preview Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent

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FAQ

Yes one co-owner can sell his share to third party without consent from other co-owner. The shareholder cannot sell his share with demarcation.

If a tenant in common refuses to sell, a co-owner can force the sale of the TIC or do a partition. A tenant in common can petition the court to do a forced sale of the entire property. In this situation, the court takes control of the property and the court performs a forced sale.

You may have no other choice but to go to court to force a sale. The proceeds of the house sale may go toward paying your mortgage off and you can walk away. However, if you transfer ownership in another way, you'll need to ensure that the remaining co-owners are willing and are able to refinance the loan without you.

Joint tenancy has certain rules of sale and therefore requires all parties to agree and sign the transfer. Whereas in tenants in common, there's no rules on selling and any owner of shares can sell their share to whoever they choose, and don't need permission from any other parties.

Can I force them to sell? A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. However, to do so you would need to apply to a court for an "order for sale".

If you hold your property as tenants in common and wish to sell the property following the death of your partner, as the property's legal owner, you have the right to do this. You can appoint an additional trustee in place of the deceased owner to give good receipt for purchase monies and enable the sale to proceed.

If you own real property as a joint tenant or tenant in common with another party and wish to sell your share in the property, but the other owners do not wish to sell or do not have the funds to buy you out, you can make an application to court seeking the appointment of a statutory trustee to sell the property

A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale. However, to do so you would need to apply to a court for an "order for sale".

Can I force them to sell? A If you and your co-owners are tenants in common - and so each own a distinct share of the property - then yes you can force a sale.

More info

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Florida Agreement as to Tenancy-in-Common Ownership of Premises with neither Owner to Sell or Rent Premises without Other's Consent