Your questions answered

Your questions
answered.

Co-ownership is straightforward once you understand the structure. Here are honest answers to the questions we hear most. We always recommend you seek independent legal and financial advice before entering any co-ownership arrangement.

Property is better together

Deposits got bigger.
Prices moved faster.
Opportunities became harder to reach.

But Australians have always found a way forward.

Barony helps people participate in property ownership together — each holding legal title to their own share, from $100,000.

The questions below explain how.

Free download

Barony Co-Ownership
Agreement Template

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A starting point only. Must be reviewed by your own solicitor before use. Not a Barony legal product.

Getting Started

Tenants in Common is a form of property ownership where two or more people each hold a defined share of the legal title. Unlike joint tenancy, each person's share is separate — you own your portion outright, can sell it independently, transfer it, or leave it in your will.

For example, eight co-owners might each hold 1/8 of a $800,000 property. Each pays $100,000. Each name goes on the Certificate of Title. Each is entitled to 1/8 of the rental income and 1/8 of the capital growth.

We recommend: speak with a conveyancer experienced in TiC arrangements before proceeding. They can explain how ownership is structured for your specific situation.

Barony's current go-to-market structure uses up to 20 co-owners under ASIC's small-scale offering exemption. Most listings on Barony are structured for 6–12 co-owners, keeping the group manageable and decision-making practical.

The number of co-owners directly determines the entry price per share — a $1,200,000 property with 12 co-owners costs $100,000 per share.

We recommend: your legal advisor confirm that the specific structure you're entering complies with ASIC small-scale offering rules.

Not necessarily. Barony lets you approach co-ownership in two ways: bring people you already know (friends, family, colleagues), or connect with other Barony members through our community board who share your investment criteria.

If you're co-investing with people you don't already know, we strongly recommend taking time to understand each other's financial position, investment horizon, and expectations before committing — and making sure all of this is covered in your Co-Ownership Agreement.

Browsing and setting up a profile on Barony is free. A $500 Barony platform fee applies when you confirm your interest in a specific share. This covers listing coordination and platform support.

You'll also need to budget for your own conveyancing costs, stamp duty on your share of the property, and any legal costs for reviewing your Co-Ownership Agreement. These vary by property and state.

How Ownership Works

A Co-Ownership Agreement (COA) is a private contract between all co-owners that governs how the property is managed, how costs are shared, how decisions are made, and what happens when someone wants to exit.

It is separate from the Certificate of Title and is not lodged with any government body — it is a private legal agreement between the parties.

You absolutely need one. Without a COA, disputes are resolved by the default rules of the Property Law Act — which may not reflect what you and your co-owners actually agreed.

We recommend: download our free Barony Co-Ownership Agreement Template as a starting point, then have a solicitor experienced in TiC arrangements review and finalise it for your specific group and property.

At minimum, a well-drafted COA should address:

Ownership and contributions — each co-owner's share percentage and their financial contributions to purchase, stamp duty, and legal costs.

Use of the property — whether it's rented, used as a holiday home, or occupied by one or more owners, and on what terms.

Ongoing costs — how rates, insurance, maintenance, and property management fees are shared and collected.

Decision-making — what decisions require unanimous agreement vs simple majority, and how disputes are handled.

Exit and transfer — right of first refusal for remaining co-owners, process for selling a share, and what happens if someone defaults.

We recommend: our free template covers all of these areas. Take it to your solicitor as the starting point for your group's agreement.

This is one of the most important things your Co-Ownership Agreement needs to address. A well-drafted COA should specify a default process — written notice, a cure period, and then escalating remedies including the ability for remaining co-owners to apply for a court-ordered partition or sale under the Property Law Act 1958 (Vic).

Barony CoHome's governance platform helps track contributions and flag defaults early, giving co-owners visibility before problems escalate.

We recommend: your solicitor include clear default provisions in your COA, including notice periods, interest on overdue amounts, and the right to seek partition as a remedy of last resort.

Funding Your Share

Yes — but it's more complex than a standard home loan. TiC financing in Australia typically works in one of two ways:

Individual loans: each co-owner obtains their own mortgage secured against their share only. Not all lenders offer this product, and those that do may apply more conservative lending criteria.

Joint mortgage: all co-owners jointly borrow against the whole property. This is simpler to arrange but means each co-owner is jointly and severally liable for the full debt — a significant consideration.

The availability and structure of TiC financing is evolving in Australia. Some specialist lenders and mortgage brokers now have specific TiC home loan products.

We recommend: speak with a mortgage broker experienced in TiC arrangements before committing to any property. They can assess your borrowing capacity and identify lenders with suitable products for your situation.

In Victoria, stamp duty (land transfer duty) is calculated on the dutiable value of your interest — which is generally proportional to your share of the total purchase price. So if you buy a 1/8 share of an $800,000 property, duty is calculated on $100,000, not $800,000.

This is one of the significant advantages of TiC co-ownership — the stamp duty burden is shared proportionally between co-owners at the point of purchase.

We recommend: your conveyancer confirm the exact duty calculation for your specific transaction, as first home buyer concessions and other exemptions may also apply to your share.

Rental income is distributed proportionally to each co-owner's TiC interest. If you hold a 1/8 share, you receive 1/8 of the net rental income after deducting property management fees, maintenance costs, and shared expenses.

Barony CoHome manages this distribution digitally — tracking income, allocating costs, and providing each co-owner with a clear statement of their share.

Each co-owner declares their proportional rental income in their own individual tax return. You should obtain advice from your accountant on how to treat this income.

We recommend: speak with your accountant before settlement to understand the tax treatment of your rental income, capital gains, and any deductible expenses on your share.

Selling & Exiting

As a Tenant in Common, you have the legal right to sell your share at any time — you do not need the consent of your co-owners to sell. However, your Co-Ownership Agreement will typically include a right of first refusal, which means you must first offer your share to the existing co-owners before selling to a third party.

Barony operates a secondary market where you can list your share for sale directly to other Barony members — providing a ready pool of potential buyers for your interest.

We recommend: review the exit provisions in your COA carefully before purchase. Understanding how and when you can exit is just as important as understanding how you enter.

This is one of the most important questions to resolve in your Co-Ownership Agreement before you buy. A well-drafted COA will specify what majority is required to approve a whole-of-property sale — typically unanimous consent or a supermajority (e.g. 75% of interests).

Under the Property Law Act 1958 (Vic), any co-owner can apply to the Supreme Court for an order for partition or sale if co-owners cannot agree. This is a remedy of last resort and can be costly and time-consuming.

Your best protection is a clear, well-drafted COA that everyone signs before settlement.

We recommend: your solicitor include specific provisions around whole-of-property sale — the required majority, the process, and how proceeds are distributed.

Unlike joint tenancy (where a share automatically passes to the surviving owner), a Tenants in Common share does not automatically transfer on death. It forms part of the deceased co-owner's estate and passes according to their will, or intestacy rules if there is no will.

This means the deceased's share may pass to their heirs — who may not wish to remain co-owners. Your COA should address this scenario, including whether remaining co-owners have a right to purchase the inherited share.

We recommend: ensure your will addresses your TiC share specifically, and that your COA includes provisions for what happens on the death of a co-owner. Your solicitor can advise.

About Barony

No. Barony is a property co-ownership matching and marketplace platform. We connect people who want to buy property together, and list properties available for TiC co-ownership.

Barony does not pool investor funds, does not hold money on behalf of co-owners, does not manage property (Barony CoHome is a separate software product), and does not provide financial or legal advice.

All co-ownership arrangements are made directly between buyers, with the assistance of their own independent legal and financial advisors.

Barony is currently active in Victoria, with listings across the Mornington Peninsula, Melbourne Metro, and Regional Victoria. We are expanding to other Australian states and are watching international co-ownership markets closely.

Yes — if you're a real estate agent or vendor with a property suitable for co-ownership, we'd love to hear from you. Barony connects your listing with a growing community of co-investors ready to buy together.

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A note on legal advice

The information on this page is general in nature and is provided to help you understand how property co-ownership works. It is not legal or financial advice and does not take into account your personal circumstances.

Before entering any co-ownership arrangement, you should engage a qualified Australian solicitor or conveyancer experienced in Tenants in Common arrangements, and a financial advisor or mortgage broker who understands fractional property lending.

Barony is a marketing platform. We are not lawyers, financial advisors, or licensed professionals.