The 40% owner cannot force a sale in most TIC jurisdictions unless the co-ownership agreement includes a partition clause . Without it, the 40% owner is stuck owning a phantom asset they can’t live in and can’t sell.
It is the split of last resort and first principle. It is the math of the down payment when one person brings a windfall and the other brings sweat equity. It is the arrangement of the unmarried couple protecting a disproportionate investment, or the aging parent pulling a child onto the deed without losing control of the exit strategy. 40/60 condominium
If the 60% owner pays 100% of the mortgage interest, they deduct 100% of the interest on their taxes. The 40% owner deducts nothing—unless they are actually paying 40% of the payments. The 40% owner cannot force a sale in
But when it works—when the down payment is acknowledged, the expenses are tracked, the exit is pre-negotiated, and the power is shared with grace—it is the most flexible, intelligent tool for two people with unequal resources to build equal peace of mind. It is the math of the down payment
J. Hartwell is a real estate journalist and recovering co-owner of a 35/65 duplex. He got the 35. He does not recommend it.