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Tenancy In Common Contract Template for Philippines

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Key Requirements PROMPT example:

Tenancy In Common Contract

"I need a Tenancy in Common Contract for a beachfront property in Palawan, Philippines, to be shared equally between four family members, with special provisions for maintenance costs and a schedule for property usage during peak holiday seasons."

Document background
The Tenancy in Common Contract is essential when multiple parties wish to share ownership of a property in the Philippines while maintaining individual, transferable interests. This document type is commonly used for both residential and commercial properties, particularly in situations involving family members, business partners, or investors who want to acquire property together while maintaining separate ownership shares. The contract must comply with the Civil Code of the Philippines and related property laws, including the Property Registration Decree and Land Registration Act. It typically includes detailed provisions about ownership percentages, property management, expense sharing, transfer rights, and dispute resolution mechanisms. The document is particularly important as it provides clarity and legal protection for all co-owners while ensuring their interests are properly documented and registered with relevant authorities.
Suggested Sections

1. Parties: Identification of all co-owners including their complete names, addresses, and civil status as required under Philippine law

2. Background: Context of the agreement, including the history of the property acquisition and the intention to hold the property as tenants in common

3. Definitions: Key terms used throughout the agreement, including property description, ownership shares, and other relevant terminology

4. Property Details: Comprehensive description of the property including location, boundaries, and title details as registered with the Register of Deeds

5. Ownership Shares: Specification of each co-owner's undivided interest in the property, expressed in percentages or fractions

6. Rights and Obligations: Detailed outline of co-owners' rights to use, possess, and enjoy the property, and their corresponding obligations

7. Management and Decisions: Procedures for making decisions regarding the property, including required voting thresholds for different types of decisions

8. Expenses and Contributions: Allocation of costs related to maintenance, repairs, taxes, and other property-related expenses

9. Transfer of Interest: Rules and procedures for selling, transferring, or encumbering individual ownership interests

10. Death or Incapacity: Provisions addressing what happens to an owner's share in case of death or incapacity

11. Dispute Resolution: Procedures for resolving conflicts between co-owners, including mediation and arbitration provisions

12. Governing Law: Specification that the agreement is governed by Philippine law and reference to relevant statutes

13. Execution: Formal execution requirements including notarization and witness provisions as required under Philippine law

Optional Sections

1. Property Use Schedule: Include when co-owners wish to establish specific schedules or rules for using the property, particularly relevant for vacation homes or commercial properties

2. Right of First Refusal: Include when co-owners want to grant other co-owners the first opportunity to purchase if one owner wishes to sell their share

3. Property Manager Appointment: Include when the co-owners agree to appoint a professional property manager or management company

4. Mortgage Provisions: Include when the property is subject to a mortgage or when co-owners anticipate future financing

5. Insurance Requirements: Include when specific insurance requirements need to be detailed beyond basic property insurance

6. Improvement Procedures: Include when co-owners want to establish specific procedures for making improvements or modifications to the property

Suggested Schedules

1. Schedule A - Property Description: Detailed technical description of the property including lot number, cadastral lot details, and technical boundaries

2. Schedule B - Ownership Allocation: Detailed breakdown of ownership percentages and initial capital contributions

3. Schedule C - Maintenance Schedule: Regular maintenance requirements and responsibilities of each co-owner

4. Schedule D - Expense Allocation: Detailed breakdown of how different types of expenses are to be shared

5. Appendix 1 - Property Title: Copy of the property title or transfer certificate of title (TCT)

6. Appendix 2 - Tax Declarations: Copies of current tax declarations for the property

7. Appendix 3 - Property Photos: Current photographs of the property documenting its condition at the time of agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses




























Relevant Industries

Real Estate

Property Development

Legal Services

Banking and Finance

Property Management

Construction

Hospitality

Commercial Property

Residential Property

Agriculture (for agricultural land)

Retail (for commercial spaces)

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Risk Management

Operations

Investment

Corporate Services

Contract Administration

Business Development

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Broker

Legal Counsel

Conveyancing Officer

Property Developer

Real Estate Investment Manager

Estate Planning Attorney

Contract Administrator

Title Officer

Real Estate Paralegal

Property Consultant

Compliance Officer

Risk Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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