Equity Share Agreement
What is this form?
The equity share agreement is a legal document that outlines the terms of a partnership between two parties who invest in a property together. This agreement allows one party to occupy the home while the other party retains an investment stake in the property. Unlike traditional mortgages, equity sharing creates opportunities for individuals who cannot afford to purchase a home outright by collaborating with an investor. Both parties benefit from tax advantages, sharing costs, and potential appreciation of property value.
Form components explained
- Agreement details, including the purchase price and down payment contributions from each party.
- Provisions for property management, maintenance responsibilities, and shared expenses.
- Distribution of proceeds upon sale of the property, including repayment of loans and initial investments.
- Legal intentions regarding party rights and responsibilities during the agreement period.
- Clauses regarding the death of either party and procedures for valuation and asset distribution.
When to use this document
This form is helpful in situations where two individuals wish to jointly invest in a residential property. It is ideal for those who cannot afford a full mortgage on their own but wish to invest in home ownership while providing occupancy to one party. It can also be used when one party has sufficient capital to invest but seeks the advantage of property ownership for another individual, such as family or friends, who may need housing.
Who should use this form
- Individuals looking to invest in real estate but unable to secure a full mortgage.
- Homebuyers who need financial assistance from an investor to buy a home.
- Investors who want to benefit from real estate appreciation while assisting someone in home ownership.
How to prepare this document
- Identify the parties involved, including names and addresses.
- Specify the property details, including the address and legal description.
- Enter financial information such as the purchase price, down payment amounts, and loan terms.
- Outline the responsibilities for maintenance and payment of taxes and utilities.
- Include provisions for the distribution of proceeds upon sale, ensuring clarity on all parties' interests.
Notarization requirements for this form
This form must be notarized to be legally valid. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to clearly define the roles and responsibilities of each party.
- Omitting important details about property management and maintenance expenses.
- Not specifying how to handle future investments or contributions for property improvements.
- Neglecting to address the procedures in the event of a party's death.
Advantages of online completion
- Convenient access to a comprehensive, attorney-drafted equity share agreement.
- Ability to quickly edit the document to suit specific needs and preferences.
- Assurance of reliability and legality, as the forms are developed by licensed attorneys.
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FAQ
A shared equity agreement enables a home buyer or homeowner to share home equity in exchange for a one-time cash payment from an investor. Such agreements allow you to liquidate part of your equity for cash or a down payment. The homeowner doesn't pay off the investor with monthly payments or interest.
A shared equity mortgage is an arrangement under which a lender and a borrower share ownership of a property. The borrower must occupy the property. When the property sells, the allocation of equity goes to each party according to their equity contribution. Each party also shares losses on the sold property.
Equity sharing sounds like a simple form of shared ownership. Investor and occupier each contribute to the down payment, occupier lives in the home, keeps it up, and makes the monthly payments, and the parties share the home appreciation.
Help to Buy is a government backed scheme, and the Help to Buy equity loan enables purchasers to buy a new build home with the help of an equity loan, also known as shared equity.
