FAQs about tenants in common agreements
We have been drafting tenants in common agreements for years. And we count the CBA and Mortgage Choice as our online partners so you know we’re in good company. More than 20,000 groups have downloaded our Free Co-Ownership Guide.
And we have spoken to thousands of groups of co-owners about their rights and obligations to make sure their group purchase occurs within a secure legal framework.
For only $450 per co-owner, you’ll sleep easy knowing that everything that can happen in a group purchase is set out neatly in an easy to understand legal agreement that is binding all over Australia.
Think of it like your insurance policy. There are so many issues that can arise when buying property together as tenants in common, you’d be crazy not to put in place a tenants in common agreement when it is so easy to do so.
Our co-ownership agreement for property is structured to cover relationships between Co-Owners who are tenants-in-common. The principal other way that they could acquire property as a joint owner with the other Co-Owners is as a “joint tenant”.
The main differences between a tenant-in-common and a joint tenant are:
- A joint tenant will have no distinct interest in the property although, the joint tenant is entitled to an undivided share equal to that of each other joint tenant.
- A tenant-in-common, on the other hand, has a distinct and separate share in the property being an undivided share equal to the quantum of the interest acquired.
- Both joint tenants and tenants-in-common have a right of possession of the whole land and every part of it. In the absence of an agreement, no joint tenant or tenant-in-common is entitled to exclusive possession of any part of the property.
The main difference between joint tenants and tenants-in-common, however, is that tenants-in-common do not need to have acquired their interests in the property at the same time, nor are they required to have identical interests with the other Co-Owners.
The interest of a tenant-in-common can be transferred or mortgaged independently of the interests of the other Co-Owners and on different terms. The interest of a joint tenant cannot be dealt with separately.
The interest of a tenant-in-common can be dealt with by Will and can form part of a deceased Co-Owner’s estate.
This is not the case with an interest as a joint tenant. Such an interest passes to the surviving joint tenant by operation of law and does not form part of the Co-Owner’s estate on death.
For the purposes of the deed, joint tenants are treated as one Co-Owner.
For more information, download our Free Co-Ownership Guide or email firstname.lastname@example.org.