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Tenants In Common Deed Template for Australia

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Key Requirements PROMPT example:

Tenants In Common Deed

"I need a Tenants in Common Deed for a residential property in Sydney that will be jointly owned by three family members with unequal shares (50%, 30%, 20%), including provisions for first right of refusal and a structured exit process."

Document background
A Tenants In Common Deed is essential when two or more parties wish to own property together while maintaining separate and distinct interests in the property under Australian law. This document is commonly used in both residential and commercial property contexts, particularly when co-owners want to hold unequal shares or maintain the ability to deal with their interest independently. The deed establishes clear parameters for ownership, management, and decision-making, helping prevent future disputes and providing a framework for resolving issues when they arise. It is particularly relevant in situations involving family property arrangements, investment partnerships, or business property holdings, and must comply with the property law requirements of the relevant Australian state or territory. The document should be prepared with consideration of applicable state legislation, such as the Real Property Act and Property Law Act.
Suggested Sections

1. Parties: Identifies and provides full details of all co-owners entering into the agreement

2. Background: Sets out the context of the agreement, including details of the property and the intention to own it as tenants in common

3. Definitions: Defines key terms used throughout the deed

4. Ownership Shares: Specifies the percentage or fraction of ownership held by each co-owner

5. Property Details: Detailed description of the property including title references and encumbrances

6. Financial Contributions: Details how purchase price, mortgage payments, and ongoing costs are to be shared

7. Management and Decisions: Procedures for making decisions about the property and its management

8. Maintenance and Repairs: Responsibilities and processes for property maintenance and repairs

9. Usage Rights: Rules and arrangements for using or occupying the property

10. Sale or Transfer of Interests: Process for handling the sale or transfer of an owner's share

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

12. Termination: Circumstances and procedures for terminating the co-ownership arrangement

13. Governing Law: Specifies the governing law and jurisdiction

14. Execution: Formal execution clauses and signing requirements

Optional Sections

1. Mortgage Arrangements: Required when the property is subject to a mortgage, detailing lending arrangements and responsibilities

2. Rental Income: Include when the property will be rented out, covering income distribution and management

3. Property Manager: Include when a professional property manager will be appointed

4. Death or Incapacity: Special provisions for handling an owner's death or incapacity

5. First Right of Refusal: Option for existing owners to purchase another owner's share before external sale

6. Insurance Requirements: Specific insurance obligations beyond standard requirements

7. Development Rights: Include when there are plans for property development or substantial modifications

8. Special Use Provisions: For properties with specific use requirements or restrictions

Suggested Schedules

1. Property Schedule: Detailed property description, including title details, boundaries, and certificates

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

3. Financial Contributions Schedule: Detailed breakdown of ongoing financial obligations and payment arrangements

4. Management Rules: Detailed procedures for property management and decision-making

5. Maintenance Schedule: Detailed maintenance responsibilities and cost-sharing arrangements

6. Usage Schedule: Detailed arrangements for sharing or allocating usage rights

7. Contact Details: Contact information for all owners and relevant third parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Legal Services

Financial Services

Property Management

Construction

Investment Management

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Investment

Compliance

Operations

Finance

Client Services

Risk Management

Business Development

Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Investment Manager

Legal Counsel

Conveyancer

Property Developer

Financial Advisor

Estate Planning Attorney

Commercial Lawyer

Property Investment Advisor

Corporate Counsel

Settlement Agent

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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