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When family members, spouses, associates, friends or any individuals purchase a property together, this is called Joint Ownership of Property. There are many circumstances to a joint ownership, with it either being to get a higher loan or just for investment purposes. Regardless of the purpose, there is a need to understand the nature and obstacles of joint ownerships.

First and foremost a joint ownership will place a limit on your rights and privileges as a property owner and also in the event where there is a need for ownership transfer. Whatever disagreement that arise from the joint ownership between the parties have a direct effect on how the property will be handled.

The first step before even signing up for a joint ownership is to have a clear understanding about the property itself and also the actual agreement between parties.

All parties should first come to an agreement in regards to the term of yield (either long or short term), the responsibilities and contributions, settlement of quit rent, mortgage, loans assessments and so on. Facts and figures should be clearly stated (preferably written down).

This is not only to protect yourself when things go south in relationships, unexpected deaths, and even when selling the property in the future. Take heed that after the death of any joint-purchaser, their respective share will come under the laws of intestacy and be assigned appropriately. The surviving joint-purchaser would need to acquire a court order when intending to sell the property. The court order is to be acquired by any named beneficiaries before the sale of the property.

For most joint ownerships, the owners, aptly named joint-purchasers, are by law (Section 342(1) of the National Land Code 1965) considered equal in the ownership unless stated otherwise in their agreements when newly registering the property. This is why it is ultimately crucial to have a proper agreement to prevent any future misunderstandings or conflicts.



(Reference: http://propertyinsight.com.my/legal/joint-purchase-on-properties-the-challenges/)

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what is the different between joint purchase under individual name and create a company to joint purchase?

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I guess it is even more complicated if joint ownership between a company and an individual... Not sure if that is even allowed?

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@domng what company u refer to? if u managed to get loan under company name why need to join individual name

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@6011_3531_5354 

I personally do not own a company or elected board of directors in any company...

Maybe you can share with you the pros and cons of individual ownership vs company ownership? thanks

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well... the most common case that you will ever see or come across is joint purchase of a property between a bf and gf that is yet to get married, and few years down the road both split off, and one wanted to sell the property and one does not want to sell but do not have sufficient amount to buy the other half share of the property...

I always tell buyers "buying property is not like buying vegetable in the market, where if the vegetable you bought is rotten you can just simply dump into the waste bin"

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@imronaldsoo 

Difference between BF/GF and Husband/Wife joint purchase... 

The benefit is not as much as our neighboring country Singapore, whereby for BF/GF, you can ballot for a Build-To-Order HDB together... once you are selected for a unit, you MUST produce your marriage certificate to be eligible for the purchase.

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I've got some questions about joint purchase:

If given a choice, would it be more worth it for a joint purchase in terms of home loan or single purchase? 

Also, for instance, if my friend is a bumi and we want to joint purchase to leverage on bumi discount, will that be possible? And if not possible, then can we purchase under his name but we do a side agreement privately? Anyone done this before?

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@james_bob 

Looking at how strict and rigid Bumi ownership quota is. I don't think you can leverage on the bumi discount if you joint purchase with a bumi, even the bumi is your spouse also cannot. Unless it is bumi-released unit. 

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Well, if spouse is bumi, most likely will have to convert to Muslim and that would make the person bumi after that. No?

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@james_bob 

Yes you are right... At least in Malaysia... where your spouse need to convert to Islam and with it come with all the benefits of bumi property ownership.

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Hello, I have some question regarding co-proprietor ownership.

Let say I own a house with my brother, how can i terminate the agreement without going through partition and retired from being a co-owner? 

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@imronaldsoo agreed with you

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@Lily_Leya you still need to go thru lawyer and legal actions. No other way

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@windzneom 

Unless your brother who is the beneficiary, is also the lawyer. :^)

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@domng haha exactly!

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@windzneom 

We will able to save a lot by having a Doctor and a Lawyer in the family... haha

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good articles, for us to learned something 

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@domng well said. haha

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@admin_ps great sharing. Inspiring!