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Co Ownership Agreement (Real Estate) Template for Switzerland

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Key Requirements PROMPT example:

Co Ownership Agreement (Real Estate)

"I need a Co-Ownership Agreement (Real Estate) for a vacation property in Zurich that will be jointly owned by three family members, with specific provisions for time-sharing arrangements and a schedule for exclusive usage periods starting from March 2025."

Document background
The Co-Ownership Agreement (Real Estate) is essential when two or more parties acquire joint ownership of real estate in Switzerland. This document becomes necessary in various scenarios, such as joint property investments, inheritance situations, or family property arrangements. It provides a detailed framework for managing the property, making decisions, sharing costs, and handling potential disputes under Swiss law. The agreement must comply with the Swiss Civil Code (ZGB) provisions on co-ownership (Miteigentum) and relevant cantonal regulations. It typically includes provisions for property management, maintenance responsibilities, decision-making processes, transfer of ownership shares, and dispute resolution mechanisms. This document is particularly important as it helps prevent future conflicts by clearly defining each co-owner's rights and obligations, especially in complex situations involving multiple owners or foreign investors subject to Lex Koller restrictions.
Suggested Sections

1. Parties: Identification of all co-owners with their full legal names, addresses, and any other relevant identification details

2. Background: Description of the property, circumstances leading to co-ownership, and purpose of the agreement

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

4. Property Description: Detailed description of the property including address, land registry details, and ownership shares

5. Rights and Obligations of Co-owners: Fundamental rights and obligations of each co-owner, including usage rights and maintenance responsibilities

6. Management and Decision Making: Procedures for making decisions regarding the property, including voting rights and majority requirements

7. Financial Obligations: Distribution of costs, expenses, and any income related to the property

8. Transfer of Ownership Shares: Rules and procedures for selling or transferring ownership shares, including right of first refusal

9. Dispute Resolution: Procedures for resolving disputes between co-owners

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Governing Law: Confirmation of Swiss law as governing law and jurisdiction

Optional Sections

1. Property Management: Appointment and duties of a property manager, if applicable

2. Insurance: Specific insurance requirements and cost sharing arrangements

3. Usage Schedule: If the property is used on a time-sharing basis, detailed schedule of usage rights

4. Rental Provisions: Rules regarding renting out the property to third parties, if permitted

5. Foreign Ownership Compliance: Specific provisions ensuring compliance with Lex Koller, if any co-owner is a foreign person

6. Mortgage Provisions: Terms relating to any existing or future mortgage on the property

7. Improvements and Alterations: Detailed procedures for making improvements or alterations to the property

8. Death or Incapacity: Provisions dealing with death or incapacity of a co-owner

Suggested Schedules

1. Property Details: Detailed technical description of the property, including plans and land register excerpts

2. Ownership Structure: Detailed breakdown of ownership shares and any special rights

3. Cost Allocation: Detailed breakdown of how various costs and expenses are to be shared

4. House Rules: Specific rules regarding the day-to-day use and maintenance of the property

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

6. Contact Details: Complete contact information for all co-owners and relevant service providers

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

































Clauses


























Relevant Industries

Real Estate

Property Development

Construction

Banking & Finance

Insurance

Legal Services

Property Management

Hospitality & Tourism

Relevant Teams

Legal

Real Estate

Compliance

Risk Management

Investment Management

Asset Management

Property Management

Corporate Services

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Notary Public

Investment Manager

Property Developer

Asset Manager

Compliance Officer

Risk Manager

Real Estate Investment Advisor

Property Portfolio Manager

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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