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Free Sample of a Co-habitation or Property Co-ownership Agreement

FirstRungNow Ltd recommends that any set of joint owners have their own co-habitation or property co-ownership agreement drawn up to reflect their own particular situation. Obtain a quote for a co-habitation agreement or co-ownership agreement

To ask for a quote for legal services contact our property solicitor.

Cohabitation Agreement
Particulars

Date means  
First Owner means  
Second Owner means  
Property means  
Joint Account means The account numbered held with Bank Plc in the joint names of the First Owner and the Second Owner
Trust Deed means A declaration of trust dated the day of 2004 relating to the Property and entered into between the First Owner and the Second Owner
Parties means The First Owner and the Second Owner
Sum Assured means £

THIS DEED is made on the date specified in the Particulars between the First Owner and the Second Owner.
NOW THIS DEED WITNESSES as follows:

1. Recitals

  1.1 The Parties intend that this deed shall be legally binding on them and their respective personal representatives and estates
  1.2 Both Parties acknowledge that they have had the benefit of independent legal advice as to the terms and effects of this deed and that it is entered into freely and voluntarily
  1.3 The terms set out in the Particulars page shall have the meanings therein ascribed to them
  1.4 The Parties have purchased in their joint names the Property which they hold as tenants in common in equal shares pursuant to the terms of ‘the Trust Deed
  1.5 The Parties intend to live together at the Property and have agreed to enter into this deed to create legally binding arrangements as to financial and other matters during the course of their cohabitation
  1.6 Nothing in this deed is intended to give either party any rights over any property or other asset not expressly dealt with in this deed and in particular nothing herein shall be deemed to alter or vary the terms of the Trust Deed

2. Personal Property

  2.1 Any property of whatever nature owned by one party prior to the date of this deed (whether acquired by purchase inheritance gift or otherwise) and any income derived from it shall remain the property of that party regardless of any increase in value
  2.2 Any property of whatever nature acquired after the date of this deed by either party (whether acquired by purchase inheritance gift or otherwise) and any income derived from it and any increase in its value shall remain the separate property of the owning part
  2.3 All items of personal use and adornment shall remain the sole property of the party by whom they are used regardless of the method of acquisition
  2.4 All property acquired jointly by the Parties after the date of this deed shall belong to them as tenants in common in equal shares unless they provide otherwise in writing

3. Gifts

Any gift from one party to the other shall be deemed to be an absolute gift unless it is expressly given on the condition that it will be returned to the donor on the termination of this deed

4. Bank Accounts

  4.1 Each party may maintain such separate bank or building society accounts as they wish and the funds in such accounts will remain the separate property of the account holder
  4.2

The Parties have opened the Joint Account which they agree will be dealt with on the following basis:

a. the Joint Account and any interest credited to it shall belong to the Parties in equal shares regardless of the sums which either of them have paid into or withdrawn from the Joint Account

b. each party may draw cheques on and withdraw cash from the Joint Account up to a limit of £100 in any one 7 day period and any cheque or withdrawal exceeding that sum shall be signed or made by both Parties

c. if either party purchases goods acquires assets or makes investments in his or her sole name with funds withdrawn from the Joint Account such goods assets or investments shall be deemed to belong to the Parties in equal shares unless the Parties agree otherwise

5. Credit Agreements and Debts

  5.1 Any credit agreements finance agreements or loan facilities entered into by one party and in the sole name of that party but with the authority of the other party shall be repaid by the Parties in equal shares
  5.2 Any credit agreements finance agreements or loan facilities entered into by both Parties shall be repaid the Parties in equal shares
  5.3 Except as provided in clause 5 above each of the Parties shall remain personally liable for any current and future debts incurred in his or her sole name

6. Life Insurance

  6.1 Each party will take out a policy of insurance on his or her life for the Sum Assured for the benefit of the other party and will maintain that policy in full force until this deed comes to an end
  6.2 Neither party shall charge nor assign such policy of insurance
  6.3

Each party shall at the request of the other provide evidence of the terms of the policy of insurance maintained pursuant to clause 6.1

7. Living Expenses

  7.1

In this deed Living Expenses shall include but are not restricted to the following:

a. mortgage payments
b. endowment policy premiums
c. buildings household and contents insurance
d. water and sewerage rates
e. gas
f. electricity
g. telephone
h. Council Tax or any like liability
i. television and video rental
j. television licence
k. food
l. household goods
m. decorating and repairs

  7.2 The Parties agree that except for any Living Expenses wholly attributable to one or the other of them all Living Expenses shall be shared equally

8. Miscellaneous

  8.1

Each party is aware of the rights of the survivor in the event of the death of either party and each party intends to execute a will as soon as practicable

  8.2

The Parties agree that:

a. they shall not smoke in the Property
b. they will not keep any pets at the Property
c. they will keep accounts relating to the Living Expenses
d. they will not rent out any part of the Property nor permit any one else to stay there without the consent of the other party
e. they will at all times act in good faith towards each other and will use their best endeavours to live together in a harmonious manner

9. Provisions for Termination of Deed

  9.1

This deed shall cease to have effect on the first of the following to occur:

a. the death of either party
b. the marriage of the Parties to each other
c. the Parties agreeing that this agreement should be varied or terminated and a deed of variation or termination being executed to that effect
d. the expiry of a period of 8 weeks commencing on the date when either party gives written notice of termination to the other party

  9.2

In the event of termination on the grounds set out in clauses 9.1c and 9.1d above the following transitional provisions shall apply:

a. neither party shall withdraw any further sums from the Joint Account nor credit any further sums to it
b. both Parties shall forthwith pay their share of any outstanding Living Expenses
c. each party shall indemnify the other in respect of any losses arising from either party's failure to pay their respective shares of all debts overdrafts and interest repayments all goods and chattels jointly owned by the Parties will be divided between them equally and failing agreement as to the division all such goods and chattels shall be sold and the proceeds of sale divided equally between the Parties

The Co-Owners covenant with each other that during the continuance of the Mortgage they shall be responsible for the Mortgage repayments in the Mortgage Shares and each will at all times in future keep the other and his or her estate indemnified from all actions costs claims and demands on account of such payments.

IN WITNESS whereof the parties hereto have set their hands the day and year first before written

Signed as a deed
by the First Owner
in the presence of

Signed as a deed
by the Second Owner
in the presence of

Only applicable in England and Wales.
 
Find out more about Joint Ownership, Joint Equity and Co-Buying a Property in our Guide:
 
What's good about joint ownership? What are the downsides of joint ownership?  l How much can we borrow for a joint ownership mortgage? l The two types of joint ownership, joint tenancy and tenants in common l Drawing up a trust deed, or declaration of trust and joint ownership agreement l Example of a declaration of trust l Joint mortgages and how the finances could work when you buy with others l Finding someone to invest with and tips for those using joint ownership schemes where you can meet other prospective joint owners. l Frequently asked questions about joint ownership 

Most useful and most popular pages on this site:

Look for your First Property l Seek First Time Buyer Mortgage Advice l See our Best First Mortgages Comparison Table l Find out about First Time Buyer Mortgages l Find out How to Buy a House l Learn all about The First Time Buyer Mortgage l Shared Ownership



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