Joint ownership agreement: residential property

Comprehensive agreement to regulate the terms of property ownership where parties own and occupy the property at the same time.

Suitable for use in: ACT, NSW, NT, QLD, SA, TAS, VIC and WA
Price A$49.00
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  • Plain English makes editing easy
  • Guidance notes included
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About this document

This agreement is suitable where parties share ownership and use of a house, apartment or other property for permanent residence.  The agreement is designed for use where all the owners occupy the property at the same time and the property’s occupation is shared by area.  It is suitable not only for situations where, for example, each owner has the exclusive right to use a bedroom and shares the use of all other rooms, but also for virtual flats where, for example, each owner has the exclusive right to use a bedroom, living room, kitchen and bathroom and the only shared area is the entrance hall.

A note on the law:

First, consider what the most suitable structure for your sharing proposal is.  If you are looking at more than ten people, then it would be better to hold the property in a limited company and buy and sell shares in it.  Of course, running a company costs money and takes time. So, if there are between say two and ten owners it is a matter of preference as to whether you want the formality, expense and greater certainty of a company structure and shareholders agreement or the lower cost and comparative informality of an agreement like one of these.

In Australian law, the registration of ownership does not record the shares in which land (that is, property) is held.  So if you own 60% and I own 40% we have to record that in some other document.  If we do not do so, “the Law” will assume we own in the shares in which we contributed to the purchase price.  This may or may not be the same thing.  These Net Lawman agreements specifically record the shares.  They also record shares which may be owned by someone who is not a registered owner.

Application and features

  • Drawn for use where all the owners occupy the property at the same time and the property’s occupation is shared by area;
  • Written in plain English;
  • Complete with explanatory guidance notes.

Contents

  • Terms of beneficial interest - beneficial trusts provision;
  • Price and payment for the Property;
  • How the parties will use the Property;
  • How expenses will be paid;
  • Who and how will manage payment of expenses;
  • Undertakings by the parties;
  • Alternative exit strategies;
  • Effect of termination;
  • What if someone wants to sell his share or sell the property;
  • Many other “legal” provisions.
Draftsman

This document was written by a solicitor for Net Lawman. It complies with current Australian law.

AU-PRsho02 - Joint ownership agreement: residential property (Suitable for use in: ACT, NSW, NT, QLD, SA, TAS, VIC and WA)

 
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