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Declaration of Trust

Protect What Matters Most

Buying a home with someone else? We’ll help you clearly establish who owns what so there’s no confusion later, just peace of mind.

  • Unequal deposit contributions
  • Unequal expense sharing
  • Gifts from family members
  • Recognising someone’s share
  • Joint ownership with friends
  • Allocation of income on property rental

Whatever the reason for needing a declaration of trust, our dedicated team can help you protect your interest in your property.

Call Us: 020 3627 0986
Make a free enquiry

What is a Declaration of Trust?

A Declaration of Trust (a Deed of Trust) is a legal document that sets out exactly who owns what share of a property. 

It’s beneficial when:

  • You’re buying a home with your partner, but putting in different amounts
  • You’re a parent gifting or loaning money to help your grown-up child buy a house
  • You’re buying with a friend, sibling, or business partner

It doesn’t change who’s on the mortgage or registered as the owner with HM Land Registry, but it sits alongside those documents to avoid confusion or disputes later down the line.

residential property conveyancing

What does a Declaration of Trust document include?

A Declaration of Trust can be as simple or detailed as you need, but it will always set out how much each person owns and what should happen if things change.

It typically covers:

  • Ownership Shares – based on what each person has contributed towards the deposit, mortgage, or legal costs

  • Selling the Property – how the proceeds should be divided, and who gets what back

  • Ongoing Costs – how you’ll split bills, mortgage payments, or maintenance

  • Change in Circumstances – what happens if one person wants to move out, sell, or is affected by events like divorce, bankruptcy, or death

  • Gifts or Loans from Family – whether contributions are repayable and how they’ll be treated on sale

We’ll draft the deed to match your exact situation, clearly setting out everyone’s rights and responsibilities, so there’s no confusion later.

Not sure if you need to get a Declaration of Trust?

Speak to our legal team today and find out how we can help protect your share.

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Choosing Declaration of Trust Services

When it comes to protecting your share in a property, the wording matters, and so does who drafts it.

A Declaration of Trust must be legally accurate and bespoke to your personal situation. No matter how you jointly buy your property, your solicitor should take the time to understand your circumstances and make sure the agreement reflects them clearly.

At Triangle Legal Services, we specialise in property matters like this. We’ll explain everything in plain English, ask the right questions, and make sure your interests are protected, now and in the future.

The Deed of Trust Process

We’ll start with a quick conversation to understand your plans, who’s involved, and what you want the deed to cover.

We’ll confirm how much each person is contributing and gather any other details needed to reflect your agreement accurately.

We’ll draft your bespoke Declaration of Trust and send it over for you to check. You’ll have the chance to review and ask questions before signing.

Once approved, we’ll guide you through signing. The final deed can be stored alongside your property paperwork.

If you’re buying a home right now, we can also work with your conveyancer to complete everything before your purchase is finalised, keeping things simple and joined up.

If appropriate, we can also arrange to add a restriction to the property title with the HM Land Registry to flag that a Declaration of Trust is in place.

Ready to protect your investment?

Start your Declaration of Trust today with expert legal advice on protecting your share in a property. Speak to our team now.

Call Us: 020 3627 0986
Make a free enquiry

Declaration of Trust for Property FAQs

A Declaration of Trust is a good idea if you’re contributing different amounts to the deposit, paying the mortgage unequally, or want to agree on what happens if the relationship ends. It records your financial arrangements clearly, helping avoid problems later.

While creating a Declaration of Trust during the purchase is best, you can still put one in place later. This post-acquisition deed can be helpful if someone moves in, contributes money after the fact, or you want to formalise an earlier agreement.

A Declaration of Trust is a legally binding document as long as it’s properly drafted and signed. It can be used as evidence in court if there’s a dispute about who owns what share of the property or how proceeds should be divided on sale.

The Declaration of Trust sits alongside the legal title and mortgage, but it doesn’t change them. However, you can add a restriction to the property title at the HM Land Registry to alert anyone checking the title that a deed exists. We can help with this if needed.

  • Water and drainage search
  • Local authority search
  • Environmental search

Depending on where the property is located, it may also be wise to have searches related to mining and flood risks carried out. If you are buying with a mortgage, your lender will usually require searches.

Investing in getting the necessary property searches done can save you thousands of pounds should something occur that affects your property in the future, which could have been picked up before you committed to the purchase.

Joint tenants both own the property equally, and if one dies, the other automatically inherits their share. Tenants in common own defined shares of the property, which can be unequal. A Declaration of Trust is only used when you own as tenants in common, and it confirms how those shares are split.

A Declaration of Trust is one of the most common ways for parents to protect their contribution when helping a child buy a home, especially if that money is a loan or if the child is buying with a partner.

If three or more people are involved in the purchase, the deed can clearly set out everyone’s share and contributions, no matter how simple or complex the arrangement.

A Declaration of Trust sets out who owns what share of a property, but it doesn’t give anyone else the legal right to make decisions on your behalf. If you want to make sure someone you trust can act for you, for example, if you became unwell or lost mental capacity, it’s a good idea to also set up a lasting power of attorney (LPA).

This is especially important if you co-own a home and want your co-owner, partner, or family member to be able to handle legal or financial matters for you in the future. A Declaration of Trust and LPA often go hand-in-hand to protect your interests, both now and later on. We can help you put both in place at the same time, making the process straightforward and ensuring everything is covered.

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