High real estate prices and current economic conditions have led to a surge in cooperative ownership arrangements particular in respect of residential dwellings.

A cooperative might arise from financial contributions being made by a sibling or parent to the acquisition or improvement of the property.

Or it may result from a third party or even a tenant contributing to monthly mortgage repayments.

It can also arise from someone providing their labour or buying materials to conduct home renovations.

In each situation, a “beneficial interest” is created in the property in favour of those who have made the contributions.

The law of equity then requires a registered owner to hold the property “on trust” for the financial contributors, ie beneficiaries, to the extent of their contribution.

Measuring the precise extent of each party’s financial interest in the property – including that of the registered owner – is, however, complex.

There has been a surge in litigation in recent years concerning such cooperative arrangements and how “equity” should allocate ownership shares among the owner and beneficiaries.

Queensland Business + Property Lawyers have the experience and expertise to efficiently and effectively resolve cooperative equity disputes.

Enquire online or call 1300 590 613 for prompt advice as to how our experienced property litigation team can help.


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