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Declaration Of Trust Tenants In Common Template for Belgium

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Key Requirements PROMPT example:

Declaration Of Trust Tenants In Common

"I need a Declaration of Trust Tenants in Common for a residential property in Brussels that will be jointly owned by three family members (myself and two siblings), with unequal ownership shares of 50%, 30%, and 20%, to be effective from March 1, 2025."

Document background
The Declaration of Trust Tenants in Common is essential when multiple parties wish to establish clear co-ownership arrangements for real property in Belgium. This document type is particularly relevant when co-owners want to hold property in defined shares while maintaining individual rights to transfer or bequeath their portion. While trusts as known in common law jurisdictions are not typically recognized in Belgian law, this declaration adapts trust principles to comply with Belgian civil law requirements. The document includes detailed provisions for property management, maintenance responsibilities, cost-sharing arrangements, and decision-making processes. It's commonly used in both residential and commercial property contexts, particularly when family members, business partners, or investors acquire property together. The declaration must comply with Belgian property law, particularly Articles 577-2 of the Belgian Civil Code regarding co-ownership.
Suggested Sections

1. Parties: Identification of all co-owners (trustees and beneficiaries) with full legal names and addresses

2. Background: Context of the arrangement, including details of the property acquisition and purpose of the declaration

3. Definitions: Definitions of key terms used throughout the document

4. Declaration of Trust: Formal declaration establishing the trust arrangement and confirming the property is held as tenants in common

5. Property Details: Full legal description of the property and each party's ownership share percentage

6. Rights and Obligations: Detailed outline of co-owners' rights and responsibilities regarding the property

7. Property Management: Procedures for making decisions about property management, maintenance, and improvements

8. Financial Provisions: Arrangements for sharing costs, expenses, and any income from the property

9. Transfer Restrictions: Rules regarding the sale or transfer of ownership shares

10. Dispute Resolution: Procedures for resolving disagreements between co-owners

11. Termination: Circumstances and procedures for terminating the arrangement

Optional Sections

1. Property Usage: Include when specific rules about property usage and occupation need to be established

2. Mortgage Provisions: Include when the property is subject to a mortgage or other financial charges

3. Insurance Requirements: Include when specific insurance obligations need to be detailed

4. Right of First Refusal: Include when co-owners want to grant each other priority rights to purchase shares being sold

5. Property Improvements: Include when specific provisions for property improvements and renovations are needed

6. Death of Co-Owner: Include when specific provisions for succession and inheritance need to be addressed

7. Tax Provisions: Include when specific tax arrangements between co-owners need to be established

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including cadastral details and any relevant plans

2. Schedule 2 - Ownership Shares: Detailed breakdown of ownership percentages and initial contributions

3. Schedule 3 - Financial Contributions: Record of initial and ongoing financial contributions by each co-owner

4. Schedule 4 - Property Maintenance Schedule: Detailed maintenance responsibilities and cost-sharing arrangements

5. Appendix A - Property Title Documents: Copies of relevant property title documents and registration details

6. Appendix B - Co-owners' Contact Information: Detailed contact information for all co-owners and their representatives

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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