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Tenancy In Common Contract Template for Australia

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Key Requirements PROMPT example:

Tenancy In Common Contract

"I need a Tenancy in Common Contract for a commercial property in Sydney that I'm purchasing with two business partners in January 2025, with ownership shares of 40%, 40%, and 20%, including specific provisions for property management and future sale arrangements."

Document background
The Tenancy In Common Contract is essential when two or more parties wish to own property together while maintaining separate and distinct ownership shares in Australia. This arrangement is commonly used for investment properties, family property arrangements, or business partnerships where parties want to maintain individual control over their share. The document becomes particularly important as it clearly defines each owner's rights, responsibilities, and ownership percentage, helping prevent future disputes and providing clear guidelines for property management and ownership transfers. It must comply with Australian property law requirements and typically includes provisions for maintenance costs, usage rights, decision-making processes, and procedures for selling or transferring ownership interests. This type of agreement is distinct from joint tenancy arrangements and requires careful consideration of state-specific property laws and regulations.
Suggested Sections

1. Parties: Identification and details of all co-owners entering into the agreement

2. Background: Context of the agreement, including property details and purpose of the co-ownership arrangement

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

4. Ownership Interests: Specification of each owner's share and nature of ownership interest

5. Property Usage Rights: Rights and limitations regarding property use by each co-owner

6. Management and Decisions: Process for making decisions about property management and maintenance

7. Financial Obligations: Distribution of costs, expenses, and income related to the property

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

9. Transfer of Interest: Rules and procedures for selling or transferring ownership interests

10. Death or Incapacity: Procedures and rights in case of death or incapacity of a co-owner

11. Dispute Resolution: Process for resolving disputes between co-owners

12. Termination: Circumstances and procedures for terminating the agreement

13. General Provisions: Standard legal provisions including notices, governing law, and severability

Optional Sections

1. Property Management Company: Terms relating to engagement and authority of a property management company, if applicable

2. Rental Arrangements: Provisions for renting out the property to third parties, if contemplated

3. Buy-Out Provisions: Detailed procedures for one owner buying out others' interests, if agreed

4. Mortgage and Financing: Terms relating to existing or future property financing arrangements

5. Insurance Requirements: Specific insurance obligations beyond standard requirements

6. Special Use Provisions: Specific terms for properties with unique uses or restrictions

7. First Right of Refusal: Terms giving co-owners priority rights to purchase other shares

8. Improvements and Alterations: Specific provisions for making property improvements or alterations

Suggested Schedules

1. Property Details: Detailed description of the property including title details and encumbrances

2. Ownership Percentages: Detailed breakdown of ownership shares and contributions

3. Financial Contributions: Record of initial and ongoing financial contributions by each owner

4. Maintenance Schedule: Detailed maintenance responsibilities and schedules

5. Property Rules and Regulations: Specific rules governing property use and management

6. Contact Information: Detailed contact information for all owners and relevant parties

7. Property Insurance Details: Insurance specifications and requirements

8. Execution Requirements: Specific requirements for document execution and registration

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 Teams

Legal

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Estate Planning

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Relevant Roles

Property Lawyer

Real Estate Agent

Property Manager

Investment Manager

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Conveyancer

Estate Planning Attorney

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