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Tenancy In Common Agreement
"I need a Tenancy in Common Agreement for a family beach house purchase in Queensland, where three siblings will have different ownership shares (50%, 30%, and 20%), with specific provisions for maintenance costs and holiday usage scheduling to be implemented by March 2025."
1. Parties: Identifies and provides full details of all co-owners entering into the agreement
2. Background: Outlines the context of the agreement, including property details and the intention to own as tenants in common
3. Definitions: Defines key terms used throughout the agreement
4. Ownership Interests: Specifies each co-owner's percentage share in the property
5. Property Usage Rights: Details how the property can be used and any restrictions on use
6. Financial Obligations: Outlines sharing of costs, expenses, and financial responsibilities
7. Management and Decisions: Establishes decision-making processes and voting rights for property-related matters
8. Maintenance and Repairs: Sets out responsibilities for property maintenance and repair procedures
9. Insurance: Specifies required insurance coverage and cost-sharing arrangements
10. Sale or Transfer of Interest: Procedures for selling or transferring ownership interests
11. Dispute Resolution: Outlines process for resolving disagreements between co-owners
12. Default and Remedies: Describes consequences of breaching the agreement and available remedies
13. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Occupancy Arrangements: Used when one or more co-owners will occupy the property, detailing exclusive use areas and occupancy terms
2. Rental Income: Required when the property will be rented to third parties, covering income distribution and management
3. Mortgage Obligations: Included when the property is subject to a mortgage, detailing payment responsibilities
4. Property Manager: Used when a professional property manager will be appointed, outlining their role and authority
5. Right of First Refusal: Optional provision giving co-owners first right to purchase another's share
6. Buy-Out Provisions: Detailed procedures for one co-owner to buy out others' interests
7. Death or Incapacity: Provisions for handling a co-owner's interest in case of death or incapacity
1. Property Details: Detailed description of the property including title details and encumbrances
2. Ownership Percentages: Table showing exact ownership percentages and initial contributions
3. Cost Allocation: Detailed breakdown of how various costs and expenses are to be shared
4. Maintenance Schedule: Regular maintenance requirements and responsibilities
5. Property Rules: Specific rules for property use and maintenance
6. Contact Details: Full contact information for all co-owners and relevant third parties
7. Valuation Method: Agreed methodology for property valuation in case of sale or transfer
Authors
Business Day
Commencement Date
Common Areas
Co-owner
Default Event
Encumbrance
Exclusive Use Area
Financial Year
Improvements
Initial Contribution
Interest Share
Land
Major Decision
Management Committee
Mortgage
Mortgagee
Operating Expenses
Ownership Interest
Permitted Use
Property
Property Manager
Property Outgoings
Purchase Price
Rates and Taxes
Related Party
Repair and Maintenance
Resolution
Sale Notice
Special Resolution
Tenancy in Common
Term
Transfer
Valuation
Ownership Rights
Property Usage
Financial Obligations
Decision Making
Management
Maintenance and Repairs
Insurance
Transfer Restrictions
Right of First Refusal
Buy-Out Rights
Default
Dispute Resolution
Death or Incapacity
Property Sale
Cost Sharing
Mortgage Obligations
Income Distribution
Improvements
Access Rights
Notices
Assignment
Severability
Governing Law
Entire Agreement
Force Majeure
Termination
Indemnification
Amendments
Compliance
Real Estate
Property Management
Legal Services
Financial Services
Property Investment
Property Development
Banking
Wealth Management
Legal
Property Management
Real Estate
Investment
Compliance
Risk Management
Finance
Business Development
Operations
Property Manager
Real Estate Agent
Property Lawyer
Conveyancer
Legal Counsel
Investment Manager
Financial Advisor
Property Investment Consultant
Estate Planning Attorney
Mortgage Broker
Property Development Manager
Asset Manager
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