Residential Conveyancing · Declaration of Trust
Part of our wider Residential Conveyancing services
Declaration of Trust Solicitors
Buying a property with someone else? A declaration of trust records each person's share and protects your investment — especially where contributions are unequal.
Without a declaration of trust, disputes over ownership shares can be costly and difficult to resolve. We draft clear, legally binding trust deeds that reflect your actual intentions and protect all parties.
No obligation — talk through your options first.
What is a declaration of trust?
A declaration of trust — sometimes called a deed of trust or trust deed — is a legally binding document that records how a property is owned between two or more people. It sets out each person's share of the property, what happens if one owner wants to sell, and how the sale proceeds are divided.
It is most commonly used when co-owners have contributed unequal amounts to the purchase — for example, where one person has paid a larger deposit, or where a family member has contributed funds. Without a declaration of trust, the law may presume equal ownership regardless of what was actually paid.
Unequal contributions
Where co-owners have contributed different deposit amounts or mortgage payments, a declaration of trust records each person's actual share — preventing disputes later.
Family contributions
Where a parent or family member has contributed to the purchase, a declaration of trust can record their interest and protect their investment.
Tenants in common
If you are buying as tenants in common (rather than joint tenants), a declaration of trust records the precise shares each person holds.
Dispute prevention
A clear, signed declaration of trust is the most effective way to prevent ownership disputes — particularly if the relationship between co-owners breaks down.
When do you need a declaration of trust?
- You are buying with a partner, friend, or family member and contributing different amounts
- A parent or family member is gifting or lending money towards the deposit
- You want to hold the property in unequal shares as tenants in common
- You want to record what happens if one owner wants to sell before the other
- You want to protect a contribution from being treated as a gift in the event of a dispute
Declaration of trust and tenants in common — how they work together
When you buy a property with someone else, you can hold it either as joint tenants (where both own the whole property equally and the survivor inherits automatically) or as tenants in common (where each person holds a defined share that can be left in a will).
If you hold as tenants in common, a declaration of trust records what those shares are. Without one, the default assumption is equal shares — which may not reflect what was actually contributed.
Read our guide: Tenants in Common vs Joint Tenants →What does a declaration of trust cover?
A well-drafted declaration of trust will typically address:
Ownership shares
The precise percentage or monetary share each co-owner holds — reflecting actual contributions rather than a default equal split.
Sale provisions
What happens if one owner wants to sell and the other does not — including rights of first refusal and how a sale price is agreed.
Mortgage contributions
How ongoing mortgage payments are treated and whether they affect each person's share over time.
Improvements and renovations
Whether contributions to improvements or renovations affect ownership shares.
Death of a co-owner
What happens to a co-owner's share on death — particularly important where the property is held as tenants in common.
Common Questions
Do I need a solicitor to draft a declaration of trust?
While there is no legal requirement to use a solicitor, a declaration of trust is a legally binding document and errors can be costly. A solicitor-drafted deed ensures the document is correctly executed, reflects your intentions, and is enforceable. We strongly recommend using a solicitor.
Can a declaration of trust be changed later?
Yes. A declaration of trust can be varied by agreement between all parties. Any variation should be documented in writing by a solicitor to ensure it is legally effective.
Does a declaration of trust affect stamp duty?
A declaration of trust itself does not usually trigger a stamp duty liability. However, if it is used in connection with a transfer of equity or a change in ownership shares, stamp duty may be payable. We will advise you on this as part of our service.
What is the difference between a declaration of trust and a deed of trust?
The terms are used interchangeably. Both refer to the same type of document — a legally binding deed that records how a property is held between co-owners.
Related Conveyancing Services
Transfer of Equity
Adding or removing someone from a property title — specialist advice required.
Buying a Property
Solicitor-led purchase conveyancing from offer accepted to completion.
Tenants in Common vs Joint Tenants
Understanding the difference and which is right for you.
Your Conveyancing Solicitors
Meet Sean & Vikki
Our residential conveyancing team brings almost 50 years of combined experience. Speak directly to the solicitor handling your declaration of trust.
Your Conveyancing Solicitor
Sean Watts
Senior Residential Conveyancing Solicitor
Sean is a Senior Residential Conveyancing Solicitor with almost 30 years' experience. Known for his methodical approach and exceptional attention to detail, he keeps clients well-informed at every stage and handles even the most complex residential property matters with confidence.
Your Conveyancer
Vikki Rae-Williams
Senior Conveyancing Executive
Vikki is a Senior Conveyancing Executive with 20 years' experience in residential conveyancing, with a particular specialist interest in new build properties. She handles Help to Buy, shared ownership and all aspects of residential conveyancing with deep practical knowledge.
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