Are you looking to invest in a property with a romantic partner, family, or friends?
Have you ever heard of a Tenants in Common Agreement?
Read on for the low down on the Pros and Cons
Advantages and disadvantages of tenants in common:
Pros:
- Inheritance rights – each party can state what they wish to happen to their share in their Will. Meaning they can leave it to children or partners, instead of it automatically going to the other tenant, like in joint tenancy
- Add tenants at any time – you can add tenants to the agreement at any point over the period of ownership. In joint tenancy, all tenants have to be written into the property title at the same time.
- Smaller share doesn’t mean less rights – in tenants in common, you have the same rights even if you own a smaller share of the property. Meaning a smaller share does not mean less rights!
- Help save on inheritance tax – When the last tenant dies, the inheritors will still have to pay inheritance tax. However, inheritance tax is judged on the market value of the asset and the asset is only a share of the property, the tax will be less!
Cons:
- No control over sale – if one party decides to sell their share, the other tenant has no say in who the share is sold to.
- Both parties required for sale – to sell a property in a tenant in common agreement, both parties need to agree to a sale
- More complex – if one of the tenants was to go into care, the local authority can take control of their share of the property. This may ‘block’ the second person from being able to move or sell, as in order to sell the property the local authority have a say!
Article written: 22/03/22 Please note that any information read after this date may change and therefore, we recommend that you always seek professional advice.