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Tenants In Common Agreement Template for Australia

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Key Requirements PROMPT example:

Tenants In Common Agreement

"I need a Tenants in Common Agreement for a residential property purchase with my sister and parents, where my sister and I will each own 30% and our parents will own 40%, with specific provisions for maintenance cost sharing and first right of refusal if any party wishes to sell their share."

Document background
A Tenants in Common Agreement is essential when two or more parties wish to purchase and own property together while maintaining separate, defined ownership shares in Australia. This agreement is commonly used for both residential and commercial properties, particularly in situations involving family members, business partners, or investors who want to clearly define their property rights and responsibilities. The document outlines crucial aspects such as ownership percentages, financial obligations, decision-making processes, and exit strategies. It's particularly important as it provides legal protection and clarity for all co-owners, helping prevent future disputes and establishing clear guidelines for property management and ownership transfer. The agreement must comply with Australian property law and can be customized to address specific requirements of the co-owners while maintaining the legal framework necessary for tenancy in common arrangements.
Suggested Sections

1. Parties: Identification and details of all co-owners entering into the agreement

2. Background: Context of the agreement, including property purchase details and intention to own as tenants in common

3. Definitions: Definitions of key terms used throughout the agreement

4. Ownership Shares: Specification of each co-owner's percentage share in the property

5. Property Use and Occupation: Rules and rights regarding property usage, including exclusive use areas if any

6. Financial Obligations: Details of ongoing costs, maintenance expenses, and how they are shared

7. Decision Making: Process for making decisions about the property, including voting rights and majority requirements

8. Property Management: Responsibilities for day-to-day management and maintenance of the property

9. Sale or Transfer of Interest: Process and requirements for selling or transferring an owner's share

10. Dispute Resolution: Procedures for resolving disagreements between co-owners

11. Insurance: Requirements for property insurance and other necessary coverage

12. Default and Remedies: Consequences and remedies for breach of agreement terms

13. Termination: Circumstances and process for terminating the agreement

Optional Sections

1. Rental Arrangements: Procedures for renting out the property, including decision-making process and income distribution

2. Renovation and Improvements: Process for approving and managing property improvements or major renovations

3. Death or Incapacity: Procedures to follow in case of death or incapacity of a co-owner

4. Right of First Refusal: Process giving existing co-owners first right to purchase another's share

5. Property Manager: Appointment and duties of a professional property manager if required

6. Borrowing and Securities: Rules regarding securing loans against the property or individual shares

7. Meetings: Structure and frequency of co-owner meetings and decision-making forums

Suggested Schedules

1. Schedule 1 - Property Details: Legal description and details of the property

2. Schedule 2 - Ownership Percentages: Detailed breakdown of ownership shares and initial contributions

3. Schedule 3 - Financial Contributions: Record of initial and ongoing financial contributions by each owner

4. Schedule 4 - Exclusive Use Areas: Plans or descriptions of any exclusive use areas allocated to specific owners

5. Schedule 5 - Maintenance Schedule: Schedule of regular maintenance tasks and responsibilities

6. Appendix A - Property Valuation: Initial property valuation report or methodology for future valuations

7. Appendix B - Contact Details: Contact information for all co-owners and their representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions









































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Relevant Industries

Real Estate

Property Development

Property Management

Residential Property

Commercial Property

Legal Services

Banking and Finance

Investment Management

Relevant Teams

Legal

Real Estate

Property Management

Investment

Finance

Compliance

Operations

Business Development

Asset Management

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Investment Manager

Legal Counsel

Conveyancer

Property Developer

Financial Advisor

Estate Planning Attorney

Real Estate Investment Manager

Property Investment Consultant

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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