ownership of manufactured home

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JMB

Member
3 January 2021
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I live in a manufactured home I co bought with a friend. How do I make sure we are tenants in common in case one of us dies. We both want to leave our children our share. I don't think it is considered real property in NSW. I have to make a will and want this sorted.
 

Harry De Elle

Well-Known Member
11 February 2017
39
1
124
Hi, What is a manufactured home?
 

Harry De Elle

Well-Known Member
11 February 2017
39
1
124
from the NSW Planning fact sheet,

Manufactured Home Estates (MHEs) are a contemporary form of medium density housing development comprising land leased communities in which the residents own or rent manufactured homes on dwelling sites leased from the estate. Manufactured homes are a type of relocatable home1 . They are constructed outside of caravan parks and MHEs, usually in a factory, in the form of one or more “major sections”, which are then transported to and installed on a site and connected to services. Manufactured homes are self-contained and include at least one kitchen, bathroom, bedroom and living area and also include toilet and laundry facilities. Manufactured homes can often be purchased for less than $200,000 and are seen as an important affordable housing option.
 

Harry De Elle

Well-Known Member
11 February 2017
39
1
124
As a Minimum, I think it is reasonable to have a deed drafted by a practicing legal practitioner, referencing the build contract of the MHE, the parties to it, identify the nature of your relationship with your friend and the nature of the agreement that is to say ; each of the parties intentions, the amount of contribution to which you both made to the MHE. Secondly, have a will drafted identifying who you bequeath your share of the MHE.
 
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Tim W

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28 April 2014
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Disregarding the land lease, what is the nature of the holding you have between you?
Who paid for the house, that is, the structure itself?
 

JMB

Member
3 January 2021
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We bought the home already built and situated in a holiday park ..over 55s. There are both names on the sale and lease but doesnt say whether it's joint ownership or tennants in common. We paid 50/50. I have had many bouts of cancer and would like my share to go to my kids if I pass away. Our relationship is a platonic one.
 

Tim W

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Am I right in assuming that you paid cash, and are not part of that numerically tiny number who actually has a mortgage in this situation?
 

JMB

Member
3 January 2021
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yes we paid cash ..you can't get a mortgage on these homes as you don't own the land
 

Tim W

Lawyer
LawTap Verified
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Without seeing the details of the deal you and your platonic co-tenant made to buy it,
I can't say for certain, but...

On the assumption that you bought the building "outright" (so to speak), and
so far as the building itself* is concerned, you are not involved in any kind of
deposit/ loan/ lease/ tenancy/ licence/ whatever with the park operator,**
then for testamentary purposes, I don't see how building is anything other than legally akin to a caravan, a car, a boat.***
This means, among other things, that the principles on joint tenancy do not apply the way that they do land.

In which case you should make arrangements in your will(s) for what happens to your share(s).
This is a job for a solicitor.

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* That is, not the land lease
** Such as one might be in when living in a bricks and mortar retirement village
*** For example, it's yours to put on a truck and take elsewhere at any time.
 

JMB

Member
3 January 2021
4
0
1
Without seeing the details of the deal you and your platonic co-tenant made to buy it,
I can't say for certain, but...

On the assumption that you bought the building "outright" (so to speak), and
so far as the building itself* is concerned, you are not involved in any kind of
deposit/ loan/ lease/ tenancy/ licence/ whatever with the park operator,**
then for testamentary purposes, I don't see how building is anything other than legally akin to a caravan, a car, a boat.***
This means, among other things, that the principles on joint tenancy do not apply the way that they do land.

In which case you should make arrangements in your will(s) for what happens to your share(s).
This is a job for a solicitor.

----------------------------------------------------------------------------------------------------------------------------------
* That is, not the land lease
** Such as one might be in when living in a bricks and mortar retirement village
*** For example, it's yours to put on a truck and take elsewhere at any time.
Thanks..thats kind of what I was thinking