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Declaration Of Trust For Tenants In Common Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Declaration of Trust for Tenants in Common is essential when multiple parties purchase property together in Australia but wish to hold unequal shares or maintain separate ownership interests. This document is commonly used for family property arrangements, investment properties, or business partnerships where parties contribute different amounts to the purchase price. It clearly defines each owner's share, their rights and responsibilities, financial obligations, and decision-making processes. The declaration helps prevent future disputes by providing clear documentation of the arrangement and complies with Australian trust and property law requirements. It's particularly important when co-owners want to ensure their share passes according to their will rather than automatically transferring to other owners.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

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Relevant Roles

Property Lawyer

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Property Manager

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Conveyancer

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