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Shared Ownership Contract Template for Switzerland

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Key Requirements PROMPT example:

Shared Ownership Contract

"I need a Shared Ownership Contract for a luxury apartment in Geneva to be jointly owned by three family members, with specific provisions for seasonal usage rights and a detailed maintenance cost-sharing structure to be implemented by March 2025."

Document background
The Shared Ownership Contract serves as a foundational document for parties entering into joint property ownership arrangements in Switzerland. This contract type is essential when two or more parties wish to share ownership of real estate, whether for residential or commercial purposes. It must comply with the Swiss Civil Code (ZGB), particularly Articles 646-651 regarding co-ownership (Miteigentum) and Articles 712a-712t for condominium ownership (Stockwerkeigentum) where applicable. The document is crucial for establishing clear governance structures, defining ownership shares, outlining maintenance responsibilities, and setting procedures for decision-making and dispute resolution. It should be prepared with consideration of both federal and cantonal requirements, and typically requires notarization for land registry purposes.
Suggested Sections

1. Parties: Identification and details of all co-owners, including full names, addresses, and any other relevant contact information

2. Background: Context of the shared ownership arrangement, including property description and circumstances leading to 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 exact specifications

5. Ownership Shares: Specification of each owner's percentage share and associated rights

6. Financial Obligations: Distribution of costs, maintenance expenses, taxes, and other financial responsibilities

7. Use and Management: Rules governing the use, management, and administration of the shared property

8. Decision Making: Procedures for making decisions regarding the property, including voting rights and required majorities

9. Maintenance and Repairs: Responsibilities and procedures for property maintenance and repairs

10. Transfer of Shares: Rules and procedures for selling or transferring ownership shares

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

12. Governing Law: Confirmation of Swiss law application and jurisdiction

13. Term and Termination: Duration of the agreement and conditions for termination

14. Signatures: Execution section for all parties' signatures and notarization requirements

Optional Sections

1. Right of First Refusal: Provisions giving existing co-owners priority rights to purchase shares being sold

2. Rental Arrangements: Rules for renting out the property or individual portions, if permitted

3. Insurance Requirements: Specific insurance obligations beyond standard requirements

4. Property Manager: Appointment and duties of a professional property manager

5. Special Use Rights: Exclusive use rights for specific areas or facilities

6. Mortgage Provisions: Specific provisions if the property is mortgaged

7. Business Use: Special provisions for commercial use of the property

8. Pets and Animals: Rules regarding keeping pets or animals on the property

9. Environmental Provisions: Special environmental responsibilities or restrictions

Suggested Schedules

1. Property Details: Detailed technical description of the property, including plans and specifications

2. Land Registry Extract: Official extract from the land registry (Grundbuch)

3. Financial Schedule: Detailed breakdown of financial contributions and cost allocation

4. House Rules: Detailed rules for the day-to-day use and management of the property

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

6. Insurance Certificates: Copies of relevant insurance policies

7. Property Valuation: Professional valuation report of the property

8. Building Plans: Architectural plans and drawings of the property

9. Previous Agreements: Copies of any existing or previous agreements affecting the property

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

Property Management

Legal Services

Financial Services

Insurance

Construction

Residential Property

Commercial Property

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Asset Management

Facilities Management

Investment

Operations

Administrative Services

Relevant Roles

Property Manager

Real Estate Lawyer

Legal Counsel

Notary Public

Real Estate Agent

Property Developer

Asset Manager

Facility Manager

Real Estate Investment Manager

Compliance Officer

Property Administrator

Real Estate Portfolio Manager

Building Manager

Real Estate Consultant

Risk 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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