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Declaration Of Trust For Tenants In Common
"I need a Declaration of Trust for Tenants in Common for a residential property in Sydney, Australia, where three family members will own unequal shares (50%, 30%, 20%) and the majority owner will have primary occupancy rights while paying rent to the other owners."
1. Parties: Details of all tenants in common who are declaring the trust
2. Background: Context of the property purchase and intention to hold as tenants in common
3. Definitions: Key terms used throughout the declaration
4. Declaration of Trust: Formal declaration of the trust arrangement and specification of ownership shares
5. Property Details: Legal description of the property held in trust
6. Trustees' Powers: Enumeration of the powers granted to trustees in managing the property
7. Financial Obligations: Arrangements for payment of mortgage, maintenance, taxes and other expenses
8. Management and Use: Rules regarding property management, maintenance, and usage rights
9. Decision Making: Process for making decisions about the property
10. Sale and Transfer: Provisions governing the sale of individual shares or the entire property
11. Dispute Resolution: Procedures for resolving conflicts between co-owners
12. Termination: Circumstances and process for terminating the trust
13. Governing Law: Specification of applicable jurisdiction and governing law
1. Occupancy Arrangements: Required when one or more co-owners will occupy the property, detailing rental payments and occupancy rights
2. Mortgage Arrangements: Required when the property is subject to a mortgage, detailing liability and payment arrangements
3. Property Manager: Required when a professional property manager will be appointed, detailing their role and authority
4. Death or Incapacity: Optional provisions for succession planning and handling death or incapacity of co-owners
5. Insurance Requirements: Detailed insurance provisions when specific coverage requirements need to be mandated
6. Business Use: Required when the property may be used for business purposes, detailing permitted uses and requirements
1. Schedule 1 - Property Details: Detailed legal description of the property including title details
2. Schedule 2 - Ownership Shares: Table showing each owner's percentage share in the property
3. Schedule 3 - Financial Contributions: Record of initial capital contributions and agreed ongoing financial obligations
4. Schedule 4 - Occupancy Rules: Detailed rules regarding property usage and occupation
5. Appendix A - Property Condition Report: Initial condition report of the property at trust establishment
6. Appendix B - Maintenance Schedule: Schedule of regular maintenance requirements and responsibilities
Authors
Real Estate
Property Development
Financial Services
Legal Services
Property Management
Banking
Investment Services
Professional Services
Construction
Housing
Legal
Real Estate
Property Management
Trust Administration
Financial Advisory
Wealth Management
Conveyancing
Estate Planning
Investment Advisory
Risk Management
Property Lawyer
Real Estate Agent
Property Manager
Trust Manager
Financial Advisor
Estate Planning Attorney
Conveyancer
Property Investment Advisor
Mortgage Broker
Legal Counsel
Trust Administrator
Property Investment Manager
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