Book phone call →Personal name. Joint owners. Company. Trust. SMSF. The name on the contract can affect legal ownership, lender policy, guarantees, evidence, tax and future flexibility.
Changing the purchaser after contract can create approval, duty, tax, legal and timing consequences. Confirm the proposed owner, borrower, trustee and guarantors with your conveyancer or solicitor, accountant or tax adviser, and broker before exchanging contracts.
The legal owner holds the property. The borrower owes the debt. A guarantor may support obligations or security. Lender policy decides which parties must be involved.
This is a starting map—not a structure recommendation. Product availability and documentation differ between lenders.
One person is the proposed registered owner and usually the borrower, subject to lender and legal requirements.
Co-owners hold jointly and a deceased owner's interest generally passes to the surviving joint tenant or tenants.
Co-owners hold specified shares, which may be equal or unequal and can generally be dealt with separately, subject to law and agreements.
A sole trader is not a separate legal entity from the individual. The property is acquired in the person's name, even if business income supports the application.
A registered company can acquire property in its own name and has separate legal and reporting obligations.
The trustee—an individual or company—generally holds and deals with the asset for the trust under the trust deed and applicable law.
An SMSF may acquire an eligible investment property, but borrowing must meet strict superannuation and limited-recourse rules.
Principal home, long-term investment, development, business premises or an SMSF investment can lead to different ownership and lending considerations.
Confirm the exact purchaser name, shares, trustee capacity and tenancy with the lawyer or conveyancer.
Entity borrowers often require guarantees. Co-borrowers can each be liable for the whole debt under the loan contract.
Consider setup, accounting, legal work, duty, land tax, income tax, CGT, annual compliance and the cost of a future change.
Check eligible borrowers, maximum LVR, property type, pricing, evidence, guarantees and required deed clauses before relying on a structure.
Contract, title, tenancy, trustee capacity, guarantees and legal consequences.
Structure, duty and tax modelling, records, cash flow and ongoing obligations.
Investment or SMSF strategy and whether it fits the client's objectives and risk position.
Borrower structure, lender policy, servicing, LVR, evidence, loan features and application coordination.
State laws and transaction details differ. Use these sources as a starting point and obtain advice about the actual proposed purchase.
There is no universal best structure. The answer depends on purpose, ownership, tax, duty, land tax, asset protection, estate planning, administration and lender policy. Obtain legal and tax advice before signing a contract.
Joint tenants generally have a right of survivorship. Tenants in common hold stated shares that can be dealt with separately. The best fit is a legal and estate-planning question, not only a loan question.
Potentially. Lender options, LVR, pricing, evidence and guarantees vary. A lender may review the entity documents, directors, trustees, beneficiaries or unit holders, financials and the proposed property.
Potentially, under strict limited-recourse borrowing and superannuation rules. The property must be an eligible investment and members or related parties generally cannot live in residential property owned by the SMSF.
A transfer or restructure can trigger lender consent, refinancing, duty, tax, legal and registration consequences. Obtain advice and cost the change before acting.
Use the plain-English glossary for offset, redraw, LVR, LMI, fixed and variable rates, principal and interest, approval and settlement.
This page is educational and does not recommend a legal or ownership structure or provide personal legal, tax, financial or investment advice. Lending policies vary. Obtain legal, tax and accounting advice from appropriately qualified professionals before signing a contract, creating an entity or changing ownership.