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Co-Ownership Property Agreement

R999

Create a co-ownership property agreement for people who jointly own or intend to buy immovable property, covering ownership shares, bond payments, expenses, occupation, sale, buy-out, rental income, and disputes.

A co-ownership property agreement is used where two or more people jointly own, buy, occupy, rent out, or invest in immovable property. It helps avoid disputes about ownership shares, expenses, bond payments, occupation, rental income, maintenance, sale, buy-out, and exit.

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South African legal context (2026 checklist)

Co-owners should record their arrangement before disputes arise. The title deed and bond documents may not cover practical issues such as who lives in the property, who pays expenses, what happens if one party defaults, and how the property is valued on exit.

  • South African common law of co-ownership and contract
  • Deeds Registries Act 47 of 1937
  • Alienation of Land Act 68 of 1981, where sale of land is involved
  • Matrimonial Property Act 88 of 1984, where spouses are involved
  • Divorce Act 70 of 1979, where divorce consequences are relevant
  • Administration of Estates Act 66 of 1965, where death of a co-owner is relevant
  • Sectional Titles Schemes Management Act 8 of 2011, where sectional title is involved
  • Protection of Personal Information Act 4 of 2013

Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.

Typical questions we'll walk you through

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Who are the co-owners?
Who are the co-owners?
What property is jointly owned or being bought?
What property is jointly owned or being bought?
What percentage share does each co-owner hold?
What percentage share does each co-owner hold?
Who will pay the deposit, bond, transfer costs, rates, levies, insurance, and repairs?
Who will pay the deposit, bond, transfer costs, rates, levies, insurance, and repairs?
Who may occupy the property?
Who may occupy the property?
Will rental income be shared?
Will rental income be shared?
What happens if one co-owner wants to sell?
What happens if one co-owner wants to sell?
Can one co-owner buy out the other?
Can one co-owner buy out the other?
What happens if a co-owner defaults on bond or expenses?
What happens if a co-owner defaults on bond or expenses?
How will disputes be resolved?
How will disputes be resolved?
What happens on death, separation, divorce, or insolvency?
What happens on death, separation, divorce, or insolvency?
Will the agreement bind heirs or successors?
Will the agreement bind heirs or successors?

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