Property Co-Ownership Agreement

A property co-ownership agreement is a document that outlines property ownership, payment arrangements, and co-ownership decision-making if you're buying a property with someone else.

• Covers splitting costs, making universal decisions, maintenance, making transfers, and what happens if someone wants out.
• Meant to avoid disputes by defining rules for their resolution.
• Works for equal or unequal ownership shares, personal use or rentals, customized tax or insurance allocations, etc.

Includes buyout or forced-sale options for resolving disagreements or life changes. When using this Property Co-ownership Agreement template, include your jurisdiction, ownership percentages, payment schedules, and rental agreement terms if applicable.

Who it's for

This template is best for people who want to co-own real estate and want to outline the rules for how they'll do so from the beginning. It can help protect relationships and clarify how decisions will be made.

• Purchasers can be individuals, couples, friends, or families
• Small partnerships formed by real estate investors to rent or flip
• Co-buyers who want to formalize ownership, responsibilities, and exit terms between each other
• Advice on partnerships can be a role of real estate agents, attorneys, and financial advisors.

When to use this template

Use this template if multiple people plan to co-own something and want a legal agreement. Ideally, it should be made before exchange of money or transfer of ownership, outlining the plan and exit strategies.

• Prior to closing on a jointly purchased home, condominium, or investment property
• Converting informal co-ownership to a written agreement
• If co-owners are contributing different amounts or want defined management roles
• When you want to rent the property and have rules about how it may be used
• In anticipation of buyouts, death, divorce, relocation, or sale

What's in the template

Property description and use (personal, rental, or mixed)

Rights and Responsibilities

• Equal or defined ownership interests
• Decision-making authority
• Confidentiality and maintenance duties

Financial Terms

• Mortgage obligations and percentage splits
• Property taxes, insurance, utilities
• Approval process for capital improvements

Transfer and Sale

• Restrictions on transfers and consent requirements
• Appraisal-based buyout options
• Forced-sale procedure and profit distribution

Applicable Law

• Governing jurisdiction and venue

Signatures

• Effective date and party identification

How to write your Property Co-ownership Agreement agreement

1. Figure out the ownership structure

You can either choose tenants in common (where the percentage can vary and there is no automatic survivorship) or joint tenancy.

If the shares are not equal, base them on actual contributions: your down payment, closing costs, or capital improvements. Use a schedule to track contributions, reimbursements, and credits appropriately

2. Set decision-making rules by category

For major changes like sale, refinance, placing liens, making important alterations, or changing its use, everybody must agree.

For routine matters, such as maintenance under a dollar threshold, vendor selection, service subscriptions, this can be one person.

Emergency authority: make immediate repairs if necessary to protect health, safety, and premises, notify a responsible person immediately, and have a spending limit.

3. Build a transparent money system

Spell out how mortgage, tax, and insurance will be divided or paid, such as through a joint account or automatic draft.

Set up an operating budget and a reserve fund. Define how a reserve fund will be established and replenished.

Break expenses into categories:

• Ordinary maintenance: proportionate to ownership percentages
• Capital improvements: require approval
• Personal enhancements: everyone must agree or the payer pays for them

Require invoices and receipts, annual reconciliation, and access to records.

4. Plan for rental or income scenarios

Designate who will handle leasing, security deposits, and compliance with landlord-tenant law if needed. Their written consent may be necessary.

If one co-owner lives there, the other owners may agree to pay rent based upon the appraisal or market comps.

If one co-owner lives there while others invest, use an appraisal or market comps to set fair rent.

5. Create exit and buyout pathways

• Right of first refusal: If a co-owner wants to sell, the other co-owners can buy the share for its appraised value.
• A forced-sale process which describes the timeline, appraisal method, listing process, broker, and minimum sale price.
• Trigger events: define what happens with long term default, divorce, relocation, death, incapacity, and what valuation and closing timelines will be.
• Valuation: Pick a neutral appraiser. If you're choosing two appraisers, average the two prices. Set fee-sharing rules.

6. Handle disputes and defaults early

First, try mediation, then if unresolved, arbitration. Rules and venue should be selected at this stage.

Defaults, including non-payment and unauthorized liens, as well as remedies (generally, a cure period, a buyout discount, and indemnities) are identified.

If rented, the agreement should include confidentiality and privacy measures.

7. Protect the asset and the co-owners

Require property, liability and landlord insurance (if renting).

Keep the property to a set standard of maintenance. Take photographs of the condition at purchase and after major works.

Add casualty and condemnation clauses: repair versus sale, share of proceeds, regulations allowed for temporary occupancy.

8. Follow local law and tax advice

Insert governing law and venue of property's location for applicable disputes.

Consult tax advisors on deductibility, depreciation (if renting), and income reporting issues, and include all in the agreement to avoid inconsistency later.