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Tenancy in Common Deed

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TENANCY IN COMMON DEED

This document prepared by (and after recording return to):

Name:

Firm/Company:

Address:

Address 2:

City, State, Zip:

Phone:

--------Above This Line Reserved For Official Use Only--------

TENANCY IN COMMON DEED
(Individual to Two Individuals)

KNOW ALL MEN BY THESE PRESENTS THAT:

FOR VALUABLE CONSIDERATION OF TEN DOLLARS ($10.00), and other good and valuable consideration, cash in hand paid, the receipt and sufficiency of which is hereby acknowledged, an individual, married unmarried, hereinafter referred to as "Grantor", does hereby transfer, remise, release, and forever quitclaim unto

and Two Individuals, not as joint tenants with rights of survivorship, but as tenants in common, hereinafter “Grantees", the following lands and property, together with all improvements located thereon, lying in the County of State of Arizona, to-wit:

Describe Property of State "SEE DESCRIPTION ATTACHED"

Prior instrument reference: Book Page Document No. of the Recorder of County, Arizona.

LESS AND EXCEPT all oil, gas and minerals, on and under the above described property owned by Grantor, if any, which are reserved by Grantor.

SUBJECT to all easements, rights-of-way, protective covenants and mineral reservations of record, if any.

TO HAVE AND TO HOLD same unto Grantees, and unto Grantees' heirs and assigns forever, with all appurtenances thereunto belonging.

Taxes for tax year shall be prorated between Grantor and Grantees as of the date selected by Grantor and Grantees, or paid by Grantees, or paid by Grantor.

The property herein conveyed is not a part of the homestead of Grantor, or is part of the homestead of Grantor and if Grantor is married, the conveyance is joined by both Husband and Wife.

WITNESS Grantor(s) hand(s) this the day of , 20

Grantor

State of

County of

The foregoing instrument was acknowledged before me this day of by

My Commission Expires:

NOTARY PUBLIC

Print Name:

Grantor(s) Name, Address, phone:

Grantee(s) Name, Address, phone:

SEND TAX STATEMENTS TO GRANTEE

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What a Tenancy in Common Deed Is and when it’s used

A Tenancy in Common Deed is a legal conveyance that documents shared ownership of real property where each owner (tenant in common) holds an undivided fractional interest that may differ in size. Unlike joint tenancy, it does not create a right of survivorship; each owner can sell, mortgage, or bequeath their share independently. The deed typically names grantors and grantees, states the ownership percentages, includes a legal description of the property, recites consideration, and must be signed, notarized, and recorded in the county recorder’s office to protect title.

Why a clear Tenancy in Common Deed matters

A properly drafted Tenancy in Common Deed clarifies ownership percentages, transfer rights, and recording priorities, reducing later disputes and title defects. For e-signature and e-recording questions, electronic execution is generally valid under the federal ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA laws; check state notary and recording rules for exceptions.

Why a clear Tenancy in Common Deed matters

Core elements to include in a professional Tenancy in Common Deed

A professional deed includes standardized clauses and plain-language details that make recording and title examination straightforward. Each element should be complete, unambiguous, and matched to county recording requirements.

Grantor and Grantee

Identify each transferor (grantor) and transferee (grantee) using full legal names and entity types, avoiding nicknames or initials to ensure exact match with title and tax records.

Ownership Shares

Specify each tenant in common’s fractional interest (for example, 25% or 1/4) and state whether interests are equal or unequal, because shares determine sale proceeds, tax allocation, and probate disposition.

Consideration

Record the consideration (monetary amount or stated value) or note nominal consideration where appropriate; clear consideration language assists transfer tax calculations and title examiner review.

Legal Description

Include the full legal description (metes and bounds or recorded lot/block reference) exactly as shown in the prior deed; a defective description may prevent successful recording or cause title insurance issues.

Signatures and Dates

Provide dated signature blocks for all grantors; include printed names, titles where applicable, and space for notarization; undated or unsigned deeds are not recordable.

Recording and Notices

Include a designated recording county and mailing address for returned documents; identify any special recording instructions such as tax statement forwarding or escrow processing requirements.

Step-by-step: preparing and executing the Tenancy in Common Deed

Follow these sequential steps to draft, sign, notarize, and record the deed with minimal friction.

  • 01
    Draft deed: Populate names, shares, legal description, and consideration.
  • 02
    Review title: Confirm prior deed language and title encumbrances.
  • 03
    Sign and notarize: All grantors sign before a notary or follow RON rules.
  • 04
    Record deed: File with the county recorder and retain conformed copy.

Typical online workflow settings for completing the deed

Configure a repeatable workflow for secure completion, signer authentication, and recording readiness.

Field Configuration
Document upload PDF/A preferred; include full legal description
Signer roles Grantor signers; set signing order if desired
Authentication Email plus SMS OTP or knowledge-based verification
Return routing Send conformed copy to title agent or recorder

How electronic completion and recording typically works

An efficient e-workflow reduces travel and speeds recording when both platform and county accept e-signatures or RON.

  • Upload: Sender uploads the completed deed PDF.
  • Assign fields: Place signature, date, and notary blocks.
  • Authenticate: Signers verify identity and consent electronically.
  • Record: Transmit to county recorder or print for in-person filing.

Who commonly prepares and signs Tenancy in Common Deeds

Each user group may impose unique drafting or recording practices; follow local rules and consult counsel for complex transfers.

  • Real estate investors and syndication members establishing fractional ownership interests
  • Family members transferring property interests without creating survivorship rights
  • Commercial partners allocating specific percentages of ownership for income and sale proceeds

Typical roles involved

Title Officer

Title officers prepare deeds for recording and check legal descriptions and liens. They coordinate with parties to ensure instrument form matches county recording requirements and title insurance underwriting rules.

Grantor/Grantee

Property owners (grantors) sign to transfer interest; grantees receive documented fractional ownership, which affects tax reporting, partition rights, and estate planning outcomes.

Selected eSignature vendor comparison for completing and signing deeds

Key plan comparisons for typical e-sign and workflow needs; signNow is listed first per platform ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes (Premium plan) Yes (plan-dependent) Yes (plan-dependent) Yes (plan-dependent) Limited
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes (BAA available) Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Technical requirements for e-signing and e-recording deeds

When using e-signature platforms, verify county recorder support for electronic documents and check any RON requirements for notarization prior to execution.

  • File Formats: PDF, DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: Email, SMS OTP, KBA

Security and compliance considerations when handling deeds

Encryption: TLS 1.2/1.3
Data at rest: AES-256
HIPAA: BAA required
ESIGN / UETA: Legal compliance
Audit trail: Timestamps and IP
Certifications: SOC 2 Type II

Common risks and legal consequences of incorrect deeds

Recording Rejection: Document may be rejected
Title Defect: Creates insurance exceptions
Tax Exposure: Transfer tax may apply
Unintended Ownership: Wrong shares recorded
Probate Issues: Estate complications possible
Notary Errors: Can void recording

Frequent preparation pitfalls to avoid

  • Using an incomplete legal description that differs from prior recorded instruments and causes title examiner exceptions and possible re-drafting requirements
  • Mismatched grantor or grantee names between deed, ID, and title records that prevent recording or require affidavits to correct
  • Failure to specify fractional shares clearly, producing disputes over allocation of income, sale proceeds, or mortgage liabilities
  • Attempting to rely on unsigned or improperly notarized electronic copies when the county requires a particular acknowledgment or RON protocol

Time-sensitive actions to complete when transferring interests

Certain steps should occur promptly to protect priority and avoid tax or title complications.

Record Promptly:

File with county recorder as soon as practical

Notarization Date:

Notarize on the execution date

Transfer Taxes:

Check local filing deadlines

Tax Reporting:

Report gains on next tax return

Title Insurance:

Order updated search immediately

Practical tips for accurate and efficient completion

Follow these drafting and process best practices to reduce rework, recording delays, and title exceptions.

Use the recorded description
Copy the legal description verbatim from the prior recorded deed or plat to avoid inconsistencies that can lead to recording rejection or title examiner queries.
Confirm name formats
Ensure grantor and grantee names match government IDs or certified formation documents exactly; inconsistent naming is a leading cause of re-recording and affidavits.
Document ownership shares clearly
Express fractional interests numerically and in words if needed, and include clarifying language about how income, taxes, and sale proceeds are allocated among tenants in common.
Coordinate with title and recorder
Check county recording rules and title insurer requirements before final execution, especially regarding notarization wording, RON acceptance, and required cover sheets.

Use-case examples: common scenarios for Tenancy in Common deeds

Real-world examples show how the deed supports different ownership objectives and administrative workflows.

Investor Partnership Example

A three-member investor group takes unequal shares to reflect capital contributions and operating roles.

  • Ownership shares are recorded as 50%, 30%, and 20% in the deed.
  • Clear fractional allocations aligned with the operating agreement reduced later disputes, enabled accurate profit allocation, and simplified sale proceeds distribution.

Family Transfer Example

Parents transfer undivided interests to adult children while retaining life use of the property.

  • Deed notes each child’s fractional interest and reserves parental rights.
  • The deed supported estate planning objectives without right of survivorship, leaving each child’s interest subject to their estate rather than automatic vesting in co-owners.

Frequently asked questions about Tenancy in Common deeds

Answers to common execution, recording, and legal questions for Tenancy in Common Deeds.


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