Tenants in Common (TIC)

An ownership structure whereby two or more individuals may own an equal or unequal undivided share in a property. This partnership structure enables lower income investors the opportunity to purchase more expensive real estate which they otherwise may not have been able to afford individually. However, when mortgaging a property, the lender will also require that all co-tenants share joint liability for the loan, thereby increasing the risk of the TIC structure.

Putting ‘Tenants in Common’ in Context

Sterling Family Investments, a real estate investment firm operated by a family office, recently decided to expand its portfolio by acquiring The Vista at Barton Creek, a modern multifamily apartment complex located in the vibrant city of Austin, Texas. The property features 120 market-rate units, ample amenities, and has consistently maintained high occupancy rates.

Scenario Overview

The property was valued at $36 million, an investment size too substantial for a single member of the Sterling family to shoulder alone. To facilitate the acquisition, the family opted for a Tenants in Common (TIC) ownership structure. This arrangement allowed four family members to participate, each contributing differently according to their financial capabilities. The shares were distributed as follows:

• Alice Sterling: 40%
• Bob Sterling: 30%
• Claire Sterling: 20%
• David Sterling: 10%

This diversified ownership allowed them to pool resources, thereby affording a property that would otherwise be beyond their individual purchasing capabilities.

Financial and Legal Considerations

To finance the purchase, the Sterlings secured a $25 million mortgage. Under the TIC agreement, despite their varied ownership shares, each co-tenant bore joint liability for the mortgage. This meant that each individual was not just responsible for a proportionate share of the debt corresponding to their ownership stake, but potentially for the entire debt, should the other owners fail to meet their financial obligations.

This setup increased the investment’s risk profile, particularly for those with smaller shares, like David, who could be disproportionately affected by default from other co-tenants. However, the family mitigated this risk through a detailed agreement, setting forth clear terms for handling financial responsibilities and default scenarios, which was crucial in maintaining harmony and clarity among the owners.

Economic Implications

From an economic standpoint, the TIC structure enabled the Sterlings to leverage their collective buying power to enter a lucrative market. The property, The Vista at Barton Creek, boasted a net operating income (NOI) of approximately $2.16 million annually, offering an attractive return potential relative to the inherent risks of joint liability.

This scenario is hypothetical and serves to illustrate how a Tenants in Common ownership can be structured in real estate investments, particularly for family offices or groups of investors seeking to pool resources for larger investments. It underscores both the financial flexibility provided by this arrangement and the importance of legal agreements in managing the associated risks.