Can this agreement be signed electronically?

Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA laws. Confirm that the transaction is not one of the ESIGN/UETA exceptions such as wills or certain court documents.

Do I need a notary or witnesses?

It depends on state law and whether you plan to record the instrument. Some states require notarization for recording; Florida requires two witnesses for certain deeds. Check the county recorder or a local attorney for exact requirements.

What if parties disagree after signing?

Follow the dispute resolution clause in the agreement. If silent, state law and recorded instruments will govern; parties often use mediation or arbitration clauses to limit litigation.

Should the agreement be recorded?

Recording protects against subsequent purchasers and gives public notice. If the agreement affects titles or easements, recording is recommended where allowed.

How do we change or amend the agreement?

Use a written amendment signed by all parties following the original signature and execution process; specify whether amendments require notarization or recording.

What records should each party keep?

Retain an executed copy, receipts for shared expenses, insurance certificates, and any recorded instruments. Follow federal and state retention rules for tax and regulatory purposes.

Electronic Signature
Templates
Real estate
Real Estate Sharing Agreement

Real Estate Sharing Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

REAL ESTATE SHARING AGREEMENT

This Real Estate Sharing Agreement (the Agreement) is entered into on Date: by and between the parties set forth below. The parties agree to share ownership, use, expenses and responsibilities for the Property described in this Agreement on the terms and conditions set forth herein.

Parties

Party A — Full Legal Name Party A — Primary Contact Address Party A — Phone Party A — Email Party B — Full Legal Name Party B — Primary Contact Address Party B — Phone Party B — Email

Property Identification

Property Address Parcel / APN Number Legal Description

Ownership Interests

The parties acknowledge and agree that ownership of the Property shall be held as tenants in common with the following initial ownership percentages:

Party A Ownership Percentage Party B Ownership Percentage

Financial Terms; Contributions; Expenses

The parties agree to contribute to acquisition costs, ongoing expenses, taxes, insurance, utilities and maintenance in accordance with the ownership percentages or as otherwise set forth below. The parties shall maintain records of all receipts, invoices and disbursements related to the Property and shall make such records available to the other party upon request.

If property was purchased, Purchase Price Initial Capital Contribution — Party A Initial Capital Contribution — Party B Monthly Shared Expense Allocation — Party A Monthly Shared Expense Allocation — Party B Monthly Payment Due Day Late Fee (flat amount or percentage) Late Fee Grace Period (days)

Possession, Use and Occupancy

Each party's rights to occupy or use the Property shall be governed by the schedule and restrictions below.

Possession Start Date Possession Schedule or Use Restrictions

Short-term rental and subleasing policy:

Short-term rentals permitted Subleasing permitted (subject to approval)

Maintenance, Repairs and Improvements

Routine maintenance and repairs shall be charged to the parties in accordance with the expense allocation above. Major repairs and capital improvements shall require approval as provided below.

Approval Threshold for Capital Improvements Approval Required Unanimous approval required for improvements above threshold

Insurance, Taxes and Utilities

The parties shall maintain insurance and pay real property taxes, utilities and other carrying costs as follows.

Minimum Liability Insurance Coverage Required Named Insured on Policy Proof of Insurance Required Certificate of insurance to be delivered to the other party annually

Sale, Transfer, Right of First Refusal and Buyout

No party shall transfer, encumber or sell its interest in the Property except in accordance with this Agreement. If a party proposes to transfer its interest, the other party shall have a right of first refusal and the buyout procedures set forth below shall apply.

Right of First Refusal Other party has right of first refusal on transfers ROFR Notice Period (days) Buyout Valuation Method Buyout by independent appraisal Buyout by agreed formula or fixed price as set forth below Appraisal Timeline (days) Buyout Formula or Agreed Value (if applicable)

Default; Remedies; Cure

In the event of a material breach of this Agreement, the non-breaching party shall deliver written notice specifying the default and providing an opportunity to cure. If not cured within the cure period, the non-breaching party may pursue available remedies at law or in equity, including specific performance, partition or damages.

Cure Period (days)

Dispute Resolution

The parties agree to negotiate in good faith and submit disputes first to mediation. If mediation fails, the parties agree to final and binding arbitration unless otherwise required by applicable law.

Mediation Required Yes Arbitration Required if Mediation Fails Yes

Representations, Warranties and Disclosures

Each party represents and warrants that it has full authority to enter this Agreement and that, to the best of its knowledge, the following disclosures are accurate as of the Effective Date.

Lead-based paint disclosure applicable — yes Lead-based paint disclosure applicable — no Known mold or water damage — yes Known mold or water damage — no Any other material prior damage disclosed in writing

Notices

All notices under this Agreement shall be in writing and delivered to the parties' addresses set forth above or to such other address as a party may designate in writing in accordance with this section.

Notice Address — Party A Notice Address — Party B

Governing Law; Entire Agreement

This Agreement shall be governed by and construed in accordance with the laws of the state specified below. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements with respect to the subject matter hereof. Any amendment must be in writing and signed by both parties.

Governing State

Miscellaneous Provisions

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Waiver: A failure or delay in exercising any right shall not constitute a waiver. Assignment: Except as provided herein, no party may assign its rights under this Agreement without the prior written consent of the other party.

Additional Terms or Conditions

Party A — Printed Name:

By:

Date:

Party B — Printed Name:

By:

Date:

What the Real Estate Sharing Agreement Is

A Real Estate Sharing Agreement is a written contract that defines how two or more parties share rights, use, maintenance, expenses, or proceeds related to a parcel of real property. Typical uses include co-ownership of vacation homes, shared parking or driveway access, and temporary occupation or lease-back arrangements. The agreement sets each party’s financial obligations, permitted uses, management rules, dispute resolution steps, and how ownership interests are transferred or terminated.

Why a Clear Sharing Agreement Matters

Drafting a clear Real Estate Sharing Agreement reduces ambiguity about possession, costs, and decision-making. It protects parties by documenting rights, payment responsibilities, dispute procedures, and transfer rules, and it can specify state law and dispute resolution methods. Electronic execution is valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and most states’ UETA frameworks (1999, ULC).

Who Typically Prepares and Signs This Agreement

Parties often obtain legal review for transfer clauses, tax treatment, or when recording the agreement with local county offices.

Individual co-owners and families who share vacation or investment property and need rules for use and cost-sharing.
Property managers and homeowners associations that document shared maintenance, parking, or common-area responsibilities.
Real estate attorneys and title agents who draft transfer provisions, clarify encumbrances, and confirm enforceability.

Step-by-Step: Completing the Real Estate Sharing Agreement

Follow this sequence to prepare, execute, and store the agreement correctly.

01

Collect documents: Gather deed, title report, and IDs for all parties.
02

Draft terms: Define use rights, cost sharing, dispute resolution, transfer rules.
03

Review legally: Have counsel check tax, recording, and liability language.
04

Execute and retain: Sign, notarize if required, record if necessary, and store copies.

Configuring a Digital Signing Workflow

Set up a clear signer order, required fields, and authentication level before sending the agreement for signature.

Field	Configuration
Signer Order	Set sequential or parallel signing based on negotiation needs
Required Fields	Mark signature, date, and initials as required
Authentication	Choose email link, SMS code, or stronger verification
Retention	Enable audit trail and set automatic archival

Delivery Options and Technical Considerations

Ensure the chosen platform supports audit trails, configurable authentication, and the file formats you require for records retention.

Email and Link: Send a secure signing link via email; suitable for most signers.
In-person / Kiosk: Use in-person signing or kiosk mode when physical presence is required.
Integrations: Connect with systems like Salesforce, NetSuite, Microsoft 365, or Box for automated routing.

Essential Clauses to Include in a Professional Agreement

A complete agreement anticipates disputes and clarifies rights; include detailed clauses that define use, payments, liability, and transfer mechanics.

Use Rights

Specify permitted uses, scheduling rules, occupancy limits, and any exclusive or shared access arrangements to prevent misunderstandings.

Cost Sharing

Define payment schedules, percentages for taxes and maintenance, late fees, and how capital improvements are allocated between parties.

Decision Making

Establish governance for repairs and approvals, voting rules, and thresholds for major expenditures.

Transfer and Exit

Describe buyout formulas, first-refusal rights, notice periods, and how transfers affect remaining parties.

Liability & Insurance

Assign responsibility for insurance, indemnities, and risk allocation for property damage or third-party claims.

Dispute Resolution

Select governing law, mediation or arbitration preferences, venue, and attorney fee provisions where allowed.

Supporting Documents and Export Options

Attach or provide references to essential supporting documents and export the finalized agreement in standard archival formats.

Supporting Documents

Attach the deed, title report, property survey, insurance certificates, and any prior recorded agreements or covenants as exhibits.

Recordability Check

Confirm with the county recorder whether the instrument must be acknowledged or recorded to affect third parties.

Export Formats

Save signed copies as PDF/A for long-term archival; preserve the audit trail and certificate of completion in the same file set.

Version Control

Keep executed originals and a redline archive of drafts to show historical changes and approvals.

Security and Compliance Considerations

Encryption: TLS 1.2/1.3; AES-256 at rest

Audit Trail: IP, timestamp, action log

HIPAA: BAA available when required

21 CFR Part 11: Compliant options available

Access Controls: Role-based permissions

Accessibility: WCAG 2.0 Level AA

Risks of an Incomplete or Incorrect Agreement

Unenforceable Terms: Ambiguity may void provisions

Title Issues: Recording errors can affect third parties

Tax Exposure: Incorrect allocation may trigger audits

Liability Gaps: Unclear insurance obligations increase risk

Dispute Costs: Litigation or arbitration expenses

Invalid Signatures: Missing notarization where required

Common Preparation Mistakes to Avoid

Using informal descriptions instead of the legal property description
Failing to specify how recurring expenses are calculated and billed
Omitting process for resolving repairs or emergency decisions
Not confirming whether the agreement must be recorded or notarized

Comparing eSignature Providers for This Agreement

Basic pricing and capability differences that affect cost and compliance when executing Real Estate Sharing Agreements electronically.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes	Available on higher tiers	Available on higher tiers	Available	Available
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Timing and Filing Deadlines to Watch

Understand deadlines for tax reporting, recording, and any notice periods built into the agreement to avoid penalties.

Provide W-9 on Request:

W-9 supplied to payer upon request; no set IRS filing deadline

Tax Return Due Date:

Individual returns due April 15; extensions possible with Form 4868

Recording Timing:

Recording is effective upon county acceptance; some counties have same-day recording, others schedule delays

Notice Periods:

Follow notice timelines in the agreement for termination or default to avoid claims

RON Recordings:

If using Remote Online Notarization, retain session recordings per state rules

Notarization and Witness Flow

When notarization or witnesses are required, follow this sequence to ensure authentication and recordability.

01

Prepare Document

Complete all blanks and attach exhibits before scheduling notarization

02

Identity Verification

Signer presents ID in person or via RON-approved credentialing

03

Witnesses

Add required witnesses and have them sign in presence of the notary if state law requires

04

Notary Acknowledgement

Notary completes acknowledgement or jurat using correct county and state language

05

Record Retention

Keep notarial journal entry or RON recording per state retention rules

06

Record in County

Record the signed instrument where required to affect third parties

07

Provide Copies

Distribute fully executed copies to all parties and title holder

08

Update Title

Coordinate with title company if ownership interests change

Real-World Examples of Use

Practical scenarios show how clauses and processes apply in typical co-ownership arrangements.

Co-Ownership Vacation Property

Two families share a beach house and set a 50/50 cost split for taxes and maintenance

Use a calendar-based scheduling clause to prevent conflicts
The agreement included buyout rights and a simple valuation formula, which avoided litigation when one party wanted to exit.

Shared Driveway Easement

Neighbors formalized access and maintenance obligations for a shared driveway

Each party agreed to pro rata repair costs
Recording the agreement with the county clarified maintenance responsibility for future owners and reduced disputes.

Frequently Asked Questions

Answers to the most common questions about preparing, signing, and enforcing a Real Estate Sharing Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are generally valid under the ESIGN Act (15 U.S.C. ch. 96, 2000) and state UETA laws. Confirm that the transaction is not one of the ESIGN/UETA exceptions such as wills or certain court documents.
Do I need a notary or witnesses?
It depends on state law and whether you plan to record the instrument. Some states require notarization for recording; Florida requires two witnesses for certain deeds. Check the county recorder or a local attorney for exact requirements.
What if parties disagree after signing?
Follow the dispute resolution clause in the agreement. If silent, state law and recorded instruments will govern; parties often use mediation or arbitration clauses to limit litigation.
Should the agreement be recorded?
Recording protects against subsequent purchasers and gives public notice. If the agreement affects titles or easements, recording is recommended where allowed.
How do we change or amend the agreement?
Use a written amendment signed by all parties following the original signature and execution process; specify whether amendments require notarization or recording.
What records should each party keep?
Retain an executed copy, receipts for shared expenses, insurance certificates, and any recorded instruments. Follow federal and state retention rules for tax and regulatory purposes.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now