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Cohabitation Agreement
I need a cohabitation agreement that outlines the financial responsibilities and property rights of both parties living together, including how expenses will be shared and the process for resolving disputes. The agreement should also address the division of assets and liabilities in the event of separation, without any legal recognition of partnership or marriage.
What is a Co-Ownership Agreement?
A Co-Ownership Agreement spells out the rights and responsibilities of people who jointly own property in New Zealand. It's like a roadmap that covers how multiple owners will share costs, make decisions, and handle the property together - from routine maintenance to major renovations.
These agreements are essential for both residential and commercial properties, helping prevent disputes by clearly setting out each owner's share, their financial obligations, and what happens if someone wants to sell their portion. The agreement becomes particularly important under NZ property law, which encourages detailed documentation of shared ownership arrangements to protect everyone's interests.
When should you use a Co-Ownership Agreement?
Get a Co-Ownership Agreement in place before you purchase property with others in New Zealand - ideally during the initial planning stages. This applies when buying a house with friends, investing in commercial property with business partners, or sharing a holiday home with family members.
The agreement becomes especially important when co-owners have different financial situations, usage expectations, or long-term plans. For example, when one owner plans to live in the property while others treat it as an investment, or when co-owners contribute unequal amounts to the purchase price. Having clear terms from the start helps avoid costly disputes and protects everyone's interests.
What are the different types of Co-Ownership Agreement?
- Joint Home Ownership Agreement: Designed for residential properties, covering shared living arrangements and household expenses
- Co-Ownership Business Agreement: Tailored for commercial properties with detailed sections on business operations and profit sharing
- Co-Owner Business Contract: Focuses on mixed-use properties combining business and residential elements
- Shared Ownership Contract: Suitable for holiday homes or investment properties with rotating usage rights
Who should typically use a Co-Ownership Agreement?
- Family Members: Often use these agreements when jointly purchasing homes or holiday properties, especially siblings or parents helping children onto the property ladder
- Business Partners: Need detailed agreements when investing together in commercial properties or mixed-use developments
- Property Lawyers: Draft and review agreements to ensure compliance with NZ property law and protect clients' interests
- Property Investors: Use these agreements when pooling resources for investment properties or development projects
- Property Managers: Help implement and enforce the practical aspects of shared ownership arrangements
How do you write a Co-Ownership Agreement?
- Property Details: Gather the exact property address, title information, and current market value
- Ownership Structure: Document each owner's contribution and agreed ownership percentage
- Financial Plans: List how ongoing costs, maintenance, and improvements will be shared
- Usage Rights: Define how and when each owner can use the property
- Exit Strategy: Outline processes for selling shares or the entire property
- Draft Generation: Use our platform to create a legally-sound agreement that covers all these elements while meeting NZ legal requirements
What should be included in a Co-Ownership Agreement?
- Property Details: Complete legal description and title reference of the shared property
- Ownership Structure: Each owner's percentage share and financial contributions clearly stated
- Decision Making: Process for major decisions and required majority or unanimous agreement
- Cost Sharing: Allocation of expenses, maintenance, rates, and insurance
- Sale Rights: First right of refusal process and conditions for selling ownership shares
- Dispute Resolution: Clear procedures aligned with NZ mediation requirements
- Property Usage: Rules for occupancy, rentals, and shared access schedules
What's the difference between a Co-Ownership Agreement and an Ownership Agreement?
A Co-Ownership Agreement differs significantly from an Ownership Agreement in several key aspects. While both deal with property rights, they serve distinct purposes under New Zealand law.
- Scope and Parties: Co-Ownership Agreements specifically govern multiple owners sharing one property, while Ownership Agreements typically cover single-owner situations or transfers
- Content Focus: Co-Ownership Agreements detail shared responsibilities, cost splitting, and usage rights, whereas Ownership Agreements primarily establish sole ownership rights and obligations
- Decision Making: Co-Ownership Agreements include specific processes for joint decisions and dispute resolution, while Ownership Agreements don't need these collaborative elements
- Exit Provisions: Co-Ownership Agreements must address complex scenarios like first right of refusal and share transfers, which aren't relevant in standard Ownership Agreements
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