The Tenancy in Common Agreement is essential when multiple parties wish to co-own property in Switzerland while maintaining separate and distinct ownership shares. This document is typically used when purchasing investment properties, family estates, or commercial real estate with multiple owners. It must comply with Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). The agreement outlines each co-owner's specific ownership percentage, rights to use the property, obligations for maintenance and costs, decision-making procedures, and conditions for selling or transferring ownership shares. It's particularly important in Switzerland due to the country's specific property laws and regulations regarding real estate ownership, especially when foreign owners are involved (Lex Koller considerations).
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1. Parties: Identification of all co-owners with full legal names, addresses, and citizenship status
2. Background: Context of the agreement, including property acquisition circumstances and intended use
3. Definitions: Key terms used throughout the agreement
4. Property Details: Legal description of the property and ownership shares of each co-owner
5. Rights and Obligations: Fundamental rights and responsibilities of co-owners, including use, maintenance, and cost sharing
6. Management and Decision Making: Procedures for property management decisions and voting rights
7. Financial Contributions: Requirements for sharing costs, expenses, and tax obligations
8. Transfer of Interests: Rules regarding sale, transfer, or encumbrance of ownership interests
9. Right of First Refusal: Process for offering ownership shares to existing co-owners before third parties
10. Dispute Resolution: Procedures for resolving conflicts between co-owners
11. Termination: Conditions and procedures for terminating the co-ownership arrangement
12. Governing Law: Confirmation of Swiss law application and jurisdiction
13. Miscellaneous: Standard legal provisions including severability, entire agreement, and amendments
1. Property Management Agreement: Details of professional property management arrangements, if applicable
2. Rental Provisions: Rules for renting out the property to third parties, if permitted
3. Insurance Requirements: Specific insurance obligations beyond standard requirements
4. Mortgage Provisions: Terms related to shared mortgage responsibilities, if property is mortgaged
5. Death or Incapacity: Specific provisions for succession or handling of shares in case of death or incapacity
6. Usage Schedule: Specific arrangements for time-sharing or allocated usage periods
7. Foreign Ownership Compliance: Additional provisions required for compliance with Lex Koller if foreign owners involved
1. Property Description Schedule: Detailed legal description of property, including land registry details and plans
2. Ownership Schedule: Detailed breakdown of ownership shares and initial capital contributions
3. Financial Schedule: Details of cost sharing arrangements and payment procedures
4. Management Rules: Detailed procedures for day-to-day management and decision-making
5. Maintenance Schedule: Regular maintenance requirements and responsibilities
6. Initial Condition Report: Documentation of property condition at agreement commencement
7. Contact Details: Full contact information for all parties and their representatives
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Real Estate
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Banking & Finance
Insurance
Construction & Development
Property Investment
Hospitality & Tourism
Residential Housing
Relevant Teams
Legal
Real Estate
Property Management
Compliance
Asset Management
Investment
Administrative Services
Risk Management
Operations
Relevant Roles
Real Estate Attorney
Property Manager
Real Estate Agent
Legal Counsel
Notary Public
Property Investment Manager
Asset Manager
Real Estate Developer
Compliance Officer
Property Administrator
Real Estate Portfolio Manager
Estate Planning Attorney
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