Home » Agree the terms of owning a property together

Agree the terms of owning a property together

We prepare co-ownership agreements that set out the shares, who pays what, and how either of you gets out.

Buying property with someone else creates a relationship that no single document governs, unless you make one. Without an agreement, a disagreement about costs, use, or selling has no mechanism to resolve it except a court application. We prepare co-ownership agreements that give both owners a clear framework, and a way out that doesn’t involve suing each other.

Speak to a lawyer What is included

The shares recorded accurately

What each of you actually contributed is documented now, rather than argued about later without evidence.

A way out that isn't a court

A buy-out mechanism and valuation method mean either owner can exit without an application for sale.

The hard events already covered

Death, insolvency and default are dealt with in the agreement, so nobody is working them out in the middle of one.

What a co-ownership agreement does that the title does not

Two or more people hold property either as joint tenants or as tenants in common. Joint tenants hold equally, and a right of survivorship applies, so the survivor takes the whole property when the other dies. Tenants in common hold defined shares, which can be unequal, and each share passes under that owner’s will.

That is all the title tells you. It does not record who paid the deposit or who is meant to pay the rates. It says nothing about what happens if one owner stops contributing, or how someone who wants out actually gets out.

A co-ownership agreement records those things. It sets the shares, allocates the outgoings, deals with use and management of the property, and sets out a buy-out mechanism. It is the document that turns a shared asset into a workable arrangement.

Speak to a lawyer

What is the difference between joint tenancy and tenancy in common?

Joint tenants each hold an equal interest in the whole property, and when one dies the survivor takes it all by right of survivorship. Tenants in common hold defined shares that can be unequal, and each share passes under that owner’s will. The choice affects your estate planning as much as your ownership, so it is worth deciding deliberately.

What should a co-ownership agreement cover?

The shares each owner holds, and how mortgage repayments, rates, insurance and maintenance are met. It should say what happens if someone cannot or will not pay. It should set out how the property can be sold, and how one owner buys the other out and at what value. It should also cover what happens on death or insolvency.

We already own together with nothing in writing. Is it too late?

No. A co-ownership agreement can be put in place at any time while both owners agree to sign it. It is harder once a dispute has started, because each side then has a position to protect. If the arrangement is working, that is the right moment to document it.

What happens if one co-owner wants to sell and the other does not?

With an agreement, the buy-out mechanism applies and the exiting owner is paid out at the agreed valuation. Without one, the usual remedy is an application to the court for sale or partition of the property. That is slow and expensive, and the cost comes out of the same asset you are both trying to protect.

Co-owning without an agreement is a risk that is easy to remove

Co-ownership creates a legal relationship that has to be dealt with when circumstances change. An agreement prepared at the start gives both owners a framework and keeps the question out of court.

You are buying with someone you trust. The agreement is for the version of you both that doesn't

You are buying with someone else, or you already own with them and nothing was ever written down. There is no record of the shares, no agreement about costs, and no mechanism for one of you to leave.

That is fine right up until it isn’t. When something changes, and something usually does, the absence of a document turns a practical problem into a legal one.

We will advise on the form of co-ownership and the shares to be recorded.
We will prepare an agreement covering costs, management and each owner's obligations.
We will include buy-out and exit mechanisms suited to your arrangement.
We will advise on what happens if a co-owner dies, defaults or becomes insolvent.

You trust them now, and the agreement is not about that

You are buying with a sibling, a partner, a friend, or a business associate, and the arrangement makes sense today. Nobody wants to sit down and negotiate what happens if it stops making sense.

But one of you may need to sell before the other is ready. One of you may stop contributing. Someone may die, separate, or go bankrupt. Without an agreement, the only path through any of those is a court application for sale. That is slow, expensive, and hard to come back from. You want the framework agreed while everyone is still reasonable.

What's included in your co-ownership agreement service

Speak to a lawyer

Advice on joint tenancy versus tenancy in common.
A co-ownership agreement covering shares, costs and management.
Buy-out and exit mechanisms with a valuation method.
Provisions for death, insolvency and default.
A dispute resolution process that does not start in court.

What goes wrong when co-ownership is never written down

The classic dispute is one owner wanting to sell and the other refusing. With no agreement, there is no buy-out mechanism and no agreed valuation method. The only remedy is a court application for sale or partition. That costs both of them a share of the asset they are arguing over.

The second is unequal contributions that were never recorded. One person put in most of the deposit, both names went on the title, and years later there is no evidence of what was intended. What was obvious at the time becomes a question of proof.

The third is default. One owner stops paying their half of the mortgage. The other keeps paying, because the alternative is losing the property, and has no documented right to recover the difference.

How we document the arrangement so it survives a change

We start with how you should hold it. Joint tenants or tenants in common, and in what shares. That follows what each of you is contributing and what you want to happen on death.

We prepare an agreement covering the things that cause disputes. Outgoings, mortgage repayments, maintenance, use of the property, and decisions that need both owners to agree.

Then we build in the exits. A buy-out mechanism with a valuation method, notice periods, and provisions for death, insolvency and default. Either of you can leave without either of you going to court.

Three steps to a documented co-ownership

Structure advised, agreement drafted, exits built in.

Advise on structure

We advise on joint tenancy or tenancy in common and the shares that reflect what each of you is contributing.

Draft the agreement

We prepare an agreement covering costs, management, decision-making, and provisions for death, insolvency and default.

Build in the exits

We include a buy-out mechanism and valuation method, and advise on recording the shares correctly on the title.

Co-ownership agreements for people buying and holding property together

Nobody enjoys this conversation. Raising it can feel like doubting the other person, which is exactly why it gets skipped and exactly why it matters. The agreement is not a prediction that things will go wrong. It is what lets a good relationship survive something changing.

We prepare co-ownership agreements for family members buying together, couples with unequal contributions, and commercial landholding structures. The work is in the mechanisms. How a share is valued, how a buy-out is funded, what notice is required, and what happens on death, default or insolvency. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to get the arrangement in writing

The best time to agree what happens if things change is while nothing has. A co-ownership agreement costs a fraction of one dispute about the same questions. Tell us who is buying and what each of you is putting in, and we will prepare it.

Speak to a lawyer 1300 654 590