40/60 Condominium -
The successful 60/40 pairs create zones of absolute control. The 40% owner gets the primary bedroom. Or the parking spot. Or veto power over house guests. It is not about math. It is about dignity.
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. 40/60 condominium
But if the profit is $600,000? The 60% owner’s share is $360,000. They pay capital gains on $110,000 ($360k minus $250k exclusion). The 40% owner’s share is $240,000, which is fully excluded. The 60% owner writes a check to the IRS. The 40% owner does not. Cue the argument. After all the legal scaffolding, the 40/60 condo succeeds or fails on a single question: The successful 60/40 pairs create zones of absolute control
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. Or veto power over house guests
Partner B (the 40% owner) often argues: “I may own less, but I painted the walls. I fixed the leaky faucet. I waited for the plumber.”