Buying Property Together?  Get the Legal Protection You Need.

CBA Property Share Loans — Specialist Legal Advice & Property Share Agreements

The Opportunity — and the Risk

Commonwealth Bank's Property Share product (https://www.commbank.com.au/home-loans/property-share.html)  is an innovative home loan solution that allows two or more people to co-purchase a property together, each with their own separate home loan, each responsible for their own repayments — but all cross-guaranteeing each other's loans as security.

It's an exciting pathway into the property market.  Whether you're buying with friends, siblings, colleagues - or a parent helping a child get their foot in the door.   Property Share can make home ownership achievable when it might otherwise be out of reach.   

For parents, Property Share offers something particularly compelling: the ability to contribute equity and share in the ownership of a property alongside your child, without that contribution being treated as a gift or a loan.  Your investment is secured by your interest in the property, preserved for your estate, and structured on terms that reflect your intentions - not left to chance.

But here's what CBA doesn't provide: a legally binding agreement between you and your co-owners governing how you will manage the property, protect your investment, and resolve disputes if things don't go to plan.

That's where Agility Law Group comes in.

Why a Property Share Agreement is Essential

Purchasing property with others is one of the most significant financial decisions you'll ever make.  Without a carefully drafted Property Share Agreement, you and your co-owners are exposed to serious legal and financial risk:

• What happens if one co-owner can't meet their loan repayments?  CBA can call on the cross-guarantees — meaning you could be liable for someone else's debt.
• What if a co-owner wants to sell their share?  Without an agreement, there are no rules about who gets first right of refusal, or at what price.
• What if you disagree about renovations, maintenance, or tenants?  Disputes between co-owners can be costly, damaging, and even force the sale of the property.
• What if a co-owner loses their job, separates from a partner, or goes bankrupt?  You need a clear roadmap for what happens next.
• For parents: What if your child's relationship breaks down? A former partner may claim an interest in the property — including the portion funded by you.
• Who manages the property?  Who pays for repairs? How are utilities shared?

A Property Share Agreement answers all of these questions before they become problems.

What Agility Law Group Can Do For You

At Agility Law Group, we advise co-purchasers using the CBA Property Share product.  We offer a comprehensive end-to-end legal service, including:

Legal Advice on the CBA Property Share Product

We explain the legal implications of the cross-guarantee arrangements under CBA's Property Share product — in plain English.  You'll understand exactly what you're signing up for before you commit.

Tailored Property Share Agreements

We draft a bespoke Property Share Agreement that covers everything you need:

• Ownership shares
• Financial contributions
• Rental arrangements 
• Property management
• Minimum holding periods 
• Buy-out rights
• Hardship provisions 
• Default events 
• Dispute resolution
• Sale of the property 
• Estate protection provisions — ensuring a parent's share passes in accordance with their will and does not unintentionally vest in a child's estate or a child's partner

Protecting the Family Investment — Advice for Parents

If you are a parent using Property Share to help your child into the market, your legal needs go beyond those of other co-purchasers. We advise parents on the full picture, including:

• Structuring your ownership interest so that it is clearly documented as an investment — not a gift — with a commercial basis for your contribution
• Protecting your share from claims by your child's partner in the event of a relationship breakdown, including the interaction with family law property settlements
• Ensuring your interest in the property is properly dealt with in your will and that your estate planning is updated to reflect your co-ownership
• Exit strategies — whether you intend to eventually transfer your share to your child, sell it, or hold it until you require the capital
• Stamp duty and tax implications of your co-ownership structure (in conjunction with your accountant or financial adviser)

Who Is This For?

Our Property Share Agreement service is ideal for:

• High net worth families looking to get their children into their first home - we provide a complete legal framework that protects the parental investment, documents the arrangement clearly, and ensures it is properly reflected in your estate planning
• Parents who want to contribute equity without making an outright gift — preserving the value of their contribution for their own estate while still supporting their child into the property market
• Friends pooling resources to get into the property market
• Family members co-purchasing as an investment
• Any group of up to three people utilising the CBA Property Share product

The Risk of Getting It Wrong

Property co-ownership disputes are among the most complex and emotionally charged legal matters we see.  Without a solid agreement:

• A co-owner could force the sale of the property through a court order for statutory partition
• A co-owner's creditors or trustee in bankruptcy could seek to deal with their interest in the property
• CBA could exercise its rights under the cross-guarantee, exposing you to liability for another person's debt
• Disagreements about maintenance, improvements, or use can escalate into expensive litigation
• For parents: without a properly documented agreement, a family law court may treat your share of the property as a resource available to your child's former partner — or your interest may not pass as intended under your will

Don't leave your investment — and your financial future — to chance.

Our Process

Getting protected is simple:

1. Book a Consultation — Meet with one of our property lawyers to discuss your co-ownership arrangements, your goals, and the issues you need to address.  For parent/child purchases, we will also discuss your estate planning and family law exposure at this stage.
2. We Draft Your Agreement — We prepare a comprehensive, tailored Property Share Agreement (and any supporting documents).  For parent/child arrangements, this may include a separate loan or equity contribution deed and recommendations to update your will.
3. Review and Advise — We walk all parties through the agreement, answer your questions, and provide advice.
4. Sign and Settle — Your agreement is executed as a deed, ready for settlement.

Purchase and Settlement

We can also handle the conveyancing of the property purchase and settlement into the right interests to line up with your CBA loan terms.

Book Your Appointment Today

Don't wait until a problem arises. Get the right legal foundation in place before you sign on the dotted line with CBA.