Website Cookies

We use cookies to make your experience better. Learn more on how here

Accept

Declarations Of Trust

If you have an interest in a property but your name is not on the title deeds, a declaration of trust can offer protection. We look at how a declaration of trust works and what provisions you can include to ensure you do not lose any contributions you have made.

It is sometimes the case that individuals contribute towards a property but do not necessarily have their name on the title deeds. This can cause problems if the property is sold or if they wish to realise their share.

When is a declaration of trust needed?

Examples of when an interest in property might arise without an individual’s name being on the title include:

  • When an individual moves in with someone, then helps to pay the mortgage, pays the bills so that the other party can pay the mortgage or pays for substantial property improvements
  • When a parent provides money to help their child purchase their home
  • When a couple buy a property and contribute different amounts

Putting a declaration of trust in place will mean that the financial interest of the person who has made the contributions is documented, so that they can be sure of recovering the money in the future, for example, when the property is sold.

What is a declaration of trust?

A declaration of trust is a legally binding statement or deed that sets out who has a beneficial interest in a property and what each person’s share is.

Owning a property as tenants in common

If you are buying a property jointly with someone else, you can own it in two different ways:

  • Joint tenants; or
  • Tenants in common

Owning a property as joint tenants means that neither of you holds a specific share. When the property is sold, you would usually divide the sale proceeds equally between you. Should one of you die, the other would automatically own the whole property.

If you own a property as tenants in common then each of you will own a specified share. For example, you could own three-quarters while the other owner owns one-quarter. Ideally, this arrangement will be set out in writing in a declaration of trust or a more detailed deed of trust.

You will be entitled to this share of the sale proceeds if you decide to sell. Should one of you die, then their share of the property will pass under the terms of their Will or, if they have not got a Will, under the rules of intestacy. This means that the other owner will not automatically own the whole property, so it is crucial to put a Will in place leaving it to them if you want this to happen.

Protecting individuals who are not named on the title deeds

A declaration of trust can also be used to document the interest of someone whose name is not on the title deeds. This could be someone who was not eligible for the mortgage, so who is not a joint legal owner, or a parent who has contributed towards the purchase.

A property solicitor can draft a deed of trust that protect their investment. The document can include the following:

  • The amount that has been contributed
  • The share each party owns
  • How mortgage payments and other outgoings will be dealt with
  • How a property valuation will be agreed upon
  • How sale proceeds will be shared

The document can be tailored to your exact circumstances. For example, if one person paid the deposit, but the other joint owner is paying most of the mortgage, then over time the share of the person paying the mortgage can be set to increase.

Before entering into a declaration of trust, it is important to speak to an experienced trusts and property solicitor, as you need to ensure your interests are adequately protected and make sure that you fully understand any tax and other implications.

Contact us

If you would like to speak to one of our expert property lawyers, ring us on 0333 3055 189 or email us at info@lpropertylawyers.co.uk

General

Why join LPL? A career in conveyancing with real growth and development opportunities

At LPL, we’re not just another conveyancing firm. We’re committed to fostering talent, helping people grow and creating pathways for real career advancement. When you join us, you’re joining a company that values individual development and provides comprehensive training to support you every step of the way. Our goal is to attract motivated individuals who...
READ POST
General

Government hopes to ban no-fault evictions by summer 2025

The government has introduced a Renters’ Rights Bill, which aims to provide greater for security for renters, and a ‘level playing field between tenants and landlords’. No-fault evictions – The new law will prevent landlords from evicting tenants in England under section 21 of the Housing Act 1988. This Act currently allows landlords to give...
READ POST
General

Energy minister confirms landlords must meet new EPC minimum rating

The new Under Secretary for Energy Security and Net Zero, Miatta Fahnbulleh, has confirmed that the government intends to bring in a minimum Energy Performance Certificate (EPC) rating of C for landlords. Labour promised in their election manifesto that all privately rented properties will be required to meet a minimum energy efficiency standard by 2030...
READ POST

Get in touch today

We would love to hear from you, whatever your query, our experienced team can help get your property transaction moving. Please get in touch today by calling 0333 305 1012. Alternatively, complete our online enquiry form below and we will get back to you.

LPL Main Contact Form

"*" indicates required fields

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply
New Business

0333 3055 249

Our Address

5th Floor Delphian House
Riverside
New Bailey Street
Manchester
M3 5FS

Opening Hours

Monday – Thursday
9am to 5.30pm

Friday
9am to 5pm

LPL and Leading Property Lawyers are trading styles of Read Roper and Read Solicitors Limited which is a Company registered in England & Wales (Company No.11269980) and is regulated by the Solicitors Regulation Authority under registration number 658171. We have been awarded the Law Society´s Conveyancing Quality Scheme (CQS), an accreditation which recognises the country´s leading conveyancers. A list of Directors is available at the registered office. The term ‘Partner’, if used, denotes a Director.