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Property Co Ownership Agreement Template for Malaysia

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Key Requirements PROMPT example:

Property Co Ownership Agreement

"I need a Property Co-Ownership Agreement for a residential property in Kuala Lumpur that I'm purchasing with my sister, with a 60-40 ownership split, including provisions for potential rental income and a right of first refusal if either party wishes to sell their share."

Document background
A Property Co-Ownership Agreement is essential when two or more parties wish to jointly own real property in Malaysia. This document becomes necessary in various scenarios, including family property arrangements, joint investments, or shared commercial property ownership. It must comply with Malaysian property law, particularly the National Land Code 1965 and related regulations. The agreement typically covers crucial aspects such as ownership percentages, maintenance responsibilities, decision-making procedures, and dispute resolution mechanisms. Given Malaysia's dual legal system, the agreement may need to consider both civil and Shariah law implications, especially when Muslim co-owners are involved. This comprehensive document helps prevent future disputes by clearly defining each party's rights and obligations in the co-ownership arrangement.
Suggested Sections

1. Parties: Identification and details of all co-owners

2. Background: Context of the agreement and description of the property being co-owned

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

4. Ownership Shares: Specification of each co-owner's percentage of ownership and rights

5. Property Usage Rights: Rules and regulations regarding use of the property by co-owners

6. Financial Obligations: Details of shared costs, maintenance expenses, and payment responsibilities

7. Management and Decision Making: Procedures for making decisions about the property and required majority for different types of decisions

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

9. Insurance: Requirements for property insurance and payment obligations

10. Transfer of Interest: Procedures and restrictions for selling or transferring ownership shares

11. Default and Remedies: Consequences of breach and available remedies

12. Dispute Resolution: Process for resolving disagreements between co-owners

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

14. General Provisions: Standard legal provisions including notices, governing law, and amendments

Optional Sections

1. Right of First Refusal: Optional section giving existing co-owners first right to purchase if one owner wishes to sell

2. Buyout Provisions: Procedures for one co-owner to buy out others, used when parties want this option specifically included

3. Property Manager: Section defining appointment and duties of a property manager, if applicable

4. Rental Income: Provisions for handling rental income if the property is to be leased

5. Shariah Compliance: Additional provisions ensuring compliance with Islamic law if any co-owners are Muslim

6. Death or Incapacity: Specific provisions for handling ownership in case of death or incapacity of a co-owner

7. Exclusive Use Areas: Designation of areas for exclusive use by specific co-owners, if applicable

8. Mortgage Provisions: Special provisions if the property is or will be mortgaged

Suggested Schedules

1. Property Details: Detailed description of the property including title details, location, and specifications

2. Ownership Schedule: Detailed breakdown of ownership percentages and contributions

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

4. Maintenance Schedule: Detailed maintenance responsibilities and schedules

5. House Rules: Detailed rules for property use and maintenance

6. Insurance Requirements: Specific insurance requirements and coverage details

7. Property Valuation: Initial property valuation and methodology for future valuations

8. Co-owners' Contact Information: Detailed contact information for all co-owners and their representatives

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

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Relevant Industries

Real Estate

Property Development

Financial Services

Legal Services

Property Management

Investment

Construction

Housing Development

Commercial Property

Relevant Teams

Legal

Real Estate

Property Management

Investment

Wealth Management

Compliance

Risk Management

Asset Management

Corporate Services

Document Management

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Investment Manager

Legal Counsel

Property Developer

Asset Manager

Wealth Manager

Property Investment Advisor

Conveyancing Lawyer

Trust Manager

Financial Advisor

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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