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Declarations of Trust

Declarations of Trust

Shared ownership doesn’t need to be complicated. We’ll help you prepare a straightforward declaration of trust – so everyone’s interests are clear and protected.

At TWM Solicitors, we advise unmarried couples, friends or family members buying a property together, on how to protect their investment. A professionally drafted Declaration of Trust clearly records each person’s contribution and avoids future disputes about ownership or proceeds of sale.

What is a Declaration of Trust?

In its simplest form, a Declaration of Trust sets out your beneficial interest in a property, usually stated at the point of purchase. It can contain confirmation of the contribution towards the purchase price and costs of purchase, so if one party paid more, they may recover the extra if the property is later sold.

It can, however, be a much more detailed document dealing with:

  • The relationship and obligations between the owners regarding the property
  • How the ownership shares might change over time
  • What happens if one or more of the co-owners wants to bring an end to the co-ownership.

Whilst Declarations of Trust are generally considered binding for non-married couples, for married couples the court has more to consider when determining how the net proceeds of a property should be divided.

Joint ownership options

On the purchase of a property by two or more people the purchasers will be joint owners and must elect how they wish their joint ownership to be recorded at Land Registry.

Joint Tenants

Holding the property in this way means that on the death of one owner:

  • their share will immediately pass to the other joint owner
  • This is independent of any Will that the deceased may have in place
  • the survivor can sell the property on their own.

Choosing this option means that you will share the proceeds of sale equally.

Please note that this is not necessarily the most appropriate option even if you are married, particularly if you are making Wills to protect your assets for beneficiaries other than your spouse or civil partner.

Tenants in Common

Holding the property in this way means that on the death of one of the property owners:

  • the share will not automatically pass to the other joint owner and will instead pass in accordance with any Will the deceased may have in place
  • in the absence of a Will, their share will pass by the Rules of Intestacy.

If you choose tenants in common you can decide any distribution of the value. If you own the beneficial interest as tenants in common, each owner owns a specific share of the property. You will both agree what this percentage is at the time you buy the property. This can be held in equal or unequal shares.

You can, therefore, take into account any financial arrangements and your intentions regarding your ownership of the property. You may decide that one of you should be entitled to a greater share of the sale proceeds than the other if you have made unequal contributions to the purchase price, mortgage or later improvements and want this formally recorded in writing.

In these circumstances, we recommend that a separate Declaration of Trust is prepared to state the share you each own.

Tax implications

There may be tax implications depending on how you choose to hold the property and we recommend that you consider taking tax advice before you make any decisions.

Why choose TWM Solicitors?

At TWM solicitors, our family law specialists have extensive experience helping unmarried couples, family and friends protect their interests with regard to property. We provide clear, practical advice and draft bespoke Declarations of Trust that reflect your unique circumstances and intentions.

Talk to our Declarations of Trust solicitors

If you are buying a property together or want to protect an existing investment, speak to our experienced team today. We’ll explain your options clearly and objectively and guide you through the process.

Key Contacts

Caroline Keeley profile picture
Caroline Keeley

Partner, Mediator and Head of Family Law

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Duncan Mitchell-Innes profile picture
Duncan Mitchell-Innes

Partner and Deputy Head of Private Client

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What our clients say...

“Jake is an excellent solicitor, and I would have no hesitation in using his services again or recommending him to others."

Family Law client - July 2026

“… having someone as reliable, knowledgeable, and supportive as Jake made a huge difference. His professionalism and willingness to help were greatly appreciated.”

Family Law client - July 2026

“Jake was always approachable, patient, and available to answer my questions, explaining everything in a way that was easy to understand. His emails were consistently clear, detailed, and comprehensive, which gave me confidence that I fully understood the options available and the structure we were putting in place.”

Family Law client - July 2026

“Jake has been fantastic from the very first conversation regarding the preparation of a deed of trust for my first house purchase. The circumstances were somewhat complex, as my partner and I are not married and the purchase involved a combination of mortgage funding and deposit contributions, but Jake provided clear, practical advice throughout the process.”

Family Law client - July 2026

TWM is always available to deal with any concerns or advice, which is dealt with promptly and efficiently with care and attention.

Chambers HNW
2025

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