Hi, my gf and I have plans to buy a property together. We're unmarried, although have plans in place to get marry in 4 years later, but you would never know what will happen in our life. So to be prudence, we have discussed and agreed to have an agreement in place in case we both breakup during the loan tenure.

Not sure if this practice is common in Malaysia, I did checked with a lawyer and he advised me to have a separate agreement (At first we thought could just add few more clauses in S&P). However, the lawyer said he has no experience in this and ask what do we want to include in the agreement. (That's why I am writing it here so that can get more opinions and suggestions from the sifus here.)
Further, I have done some research through google and noticed this is considered not something rare in overseas.

Wondering anyone here has experience or can advice us what are the items/ clauses to be included in the separate agreement? What are the steps to be taken?

Currently, followings are the items and clauses that we have thought of and planning to include it into our agreement :

1) To state clearly shareholding of ownership, ie. 50% each, as we pay downpayment and instalment on equal basis
2) Responsibilities to service loan instalments and other expenses, such as management fees (equal basis)
3) To state in case of death of any party, who will benefit the 50% share
4) In case we break the relationship, the property should be either :
a) Firstly, offer to one of the party based on market price - To get valuer to do valuation (or)
b) If not, sell it to open market and share an even portion of 50% each

These are currently points that we've thought of. However, there're some areas need to be analysed further and planned for. Such as :

Point No 2 : If one party refuse to serve the instalment, what are the actions/ remedies available to counter such situation?
Point No 4(b) If either party disagree with the selling price for selling to third party, what are the solutions available?

PS : If anyone has done this before, appreciate if you dont mind to share me the sample of agreement.

Thank you so much in advance.

This post has been edited by kent1988: Jun 24 2013, 12:17 AM

Hi all, thanks for the helpful advices / replies. I'm actually glad that my gf n I can be so rational come to discussing on these. Rather than like most couples said, y do both of u plan for breakup etc. it's not that we plan for it, but its always good to have things clearly stated, n never say both of u won't breakup etc. of cos we don't hope that happen, but yet need to plan for the worst.

We are both at the age of 25 yr old. It's true that its abit hard for us to buy it individually. It's around 540k property. N we both have think for quite some time. Still consulting lawyers around. And yes lawyers in Malaysia are not so experience in setting up such arrangement / agreements.

Thanks again to all of u..