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Ownership Of Your Residential Property

Ownership of residential property

Ownership of property is an important consideration and should be determined before entering into a contract. Different ownership structures can have significant implications for estate planning and asset protection.

Property may be held in a number of ways, each with different legal and financial consequences. Our conveyancing lawyers, working alongside our wills and estates lawyers, can advise on the most appropriate structure for your circumstances.

Examples of ownership structures

Buying property in a trust

Property may be acquired by a trust, whether with an individual or a company acting as trustee. Trust structures are often used for asset protection and income distribution purposes. However, principal place of residence exemptions for transfer duty are generally not available where property is purchased by a trust.

Corporate ownership

Property may also be acquired by a company in its own right. This structure can provide flexibility, as ownership interests may be transferred through the sale of shares rather than the property itself.

Purchasing as joint tenants

When property is held as joint tenants, each owner holds an equal interest. If one owner dies, their interest automatically passes to the surviving owner, regardless of the terms of any will.

Purchasing as tenants in common

When property is held as tenants in common, each owner holds a defined share, which may be equal or unequal. Each owner’s interest forms part of their estate and may be dealt with under their will. This structure may be used in asset protection or estate planning strategies, including arrangements where ownership shares differ between parties.

Choose the Right Ownership Structure With Advice From Gold Coast Property Lawyers

The way you hold property has lasting implications for asset protection and estate planning. QBM Lawyers can advise on the most appropriate structure for your circumstances before you sign.

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Frequently Asked Questions

The ownership structure affects how the property is controlled, taxed and transferred. It can also have significant implications for asset protection and estate planning.
Joint tenants hold equal interests, and ownership passes automatically to the surviving owner on death. Tenants in common hold defined shares, which form part of their estate and can be distributed under a will.
Yes, property can be purchased through a trust or company structure. These arrangements may offer asset protection or flexibility, but they also involve different legal and tax considerations.
The ownership structure should be determined before entering into a contract. Early advice ensures the structure aligns with your financial, legal and estate planning objectives.

Frequently Asked Questions

The ownership structure affects how the property is controlled, taxed and transferred. It can also have significant implications for asset protection and estate planning.

Joint tenants hold equal interests, and ownership passes automatically to the surviving owner on death. Tenants in common hold defined shares, which form part of their estate and can be distributed under a will.

Yes, property can be purchased through a trust or company structure. These arrangements may offer asset protection or flexibility, but they also involve different legal and tax considerations.

The ownership structure should be determined before entering into a contract. Early advice ensures the structure aligns with your financial, legal and estate planning objectives.

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Experienced Lawyers Gold Coast

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