When it comes to owning property together, many people jump in without fully understanding what they're getting into. Whether it's buying a home with a partner, investing with a friend, or inheriting property with family, joint ownership can be great—but it can also bring legal headaches if you're not careful.
Real estate expert Shaya Seidenfeld often sees people overlook the legal side of joint ownership, so I wanted to share some of his practical advice. It's not just about signing your name on a deed—it's about knowing exactly what that means for your rights, responsibilities, and what happens down the road.
What Does Joint Ownership Mean?
In simple terms, joint ownership means that two or more people share ownership of the same property. But there are different ways to do this legally, and each one carries different consequences. Shaya likes to say, “How you hold title is like the foundation of a house—you need it solid or the whole thing can fall apart.”
Here are the most common types:
Joint Tenancy with Right of Survivorship (JTWROS)
This one is pretty popular among couples. If one owner passes away, their share automatically goes to the other owner(s) without going through probate. That sounds convenient, right? It is, but it also means everyone involved has an equal share and equal say.
Shaya Seidenfeld points out, “This setup is great if you fully trust the people you're buying with. But if there's any doubt, or if ownership shares aren't equal, it might not be the best fit.
Tenancy in Common (TIC)
TIC allows owners to hold different shares—for example, one person might own 70%, and another 30%. Plus, if one owner dies, their share goes to their heirs, not automatically to the other owners.
According to Shaya, “TIC is flexible and often used in investment properties or with friends who want to own together but keep their shares separate.
Tenancy by the Entirety
This is a special form for married couples (available only in some states). It offers added protections, like shielding the property from creditors of one spouse.
“It's a great option for married couples, but check if your state recognizes it,” Shaya advises.
Why Having a Clear Agreement Matters
Here's the thing: joint ownership sounds simple until disagreements pop up. Shaya often sees cases where people just assume “we're family, we'll figure it out,” but then one partner wants to sell, or someone can't pay their share of the mortgage.
His advice? Put it in writing.
“You need a legal agreement that spells out who pays what, what happens if someone wants out, and how disputes get handled.
What About Estate Planning?
Some people think joint ownership solves all the estate planning headaches. Not exactly.
Shaya explains, “While joint tenancy can help property pass smoothly, it's not a replacement for a will or trust. You still need to plan carefully to make sure everything else is covered.”
Also, there can be tax implications if one owner puts in more money, but the property is split equally. It's worth talking to an estate attorney to avoid surprises.
Final Thoughts from Shaya Seidenfeld
Joint property ownership can work beautifully—but only if you go in with your eyes open. Clear communication, solid legal agreements, and a good understanding of your ownership type can save a lot of stress.
As Shaya says, “The best way to avoid fights is to plan. Don't wait until you hit a snag to figure things out.”
If you're thinking about buying property with someone else, take a little extra time to get the legal side right. It'll pay off in peace of mind.