Declaration of Trust Form

A declaration of trust is a document that confirms the proportions in which two or more individuals own a property.

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Table of Contents

To be used in England and Wales only.

Where two or more people purchase a property jointly, they may want to buy as tenants in common. Our Declaration of trust for tenants in common outlines each individual’s contribution proportions of the property that they own. This deed of trust can also show contributions made by each party to mortgage payments and maintenance. This Declaration of trust is an important document to create when purchasing as it ensures that when the property is sold, each owner/ buyer gets the right portion of what they contributed to the property. If there are additional people who have contributed to the purchase price, you may want to see our Declaration of trust with beneficial interest.

Declaration of trust? What is it?

Our Declaration of trust is a legal document that registers the proportions that two or more people own a property. It has an express declaration that the property is held on trust by the co-owners for themselves as tenants in common. The difference between a joint tenancy and tenants in common is that tenants in common can hold their distinct share in the property. Our Declaration of Trust document lets each tenant in common set out their respective beneficial interest based on their financial contributions to the mortgage, deposit and ongoing maintenance.

In what circumstances should I use a declaration of trust?

You should use our Declaration of trust in the following circumstances:

  • When you and another person or persons are buying a property as tenants in common and all the parties wish to record their contributions to the:
    • the purchase price, including deposits
    • monthly mortgage payments;
    • general maintenance of the property

What does the Declaration of trust achieve?

Our Declaration of trust allows co-homeowners to have peace of mind;

  • to create a legal document which records the actual proportions in which the joint owners own their homes
  • it confirms the exact amounts spent initially by each party and records it in a percentage amount
  • to establish the portions to be repaid to each co-owner when the property is sold
  • to confirm the mortgage and maintenance obligations and each parties contributions
  • to stop any disagreement as to who contributed what at the start and who should get what when a property is sold

The Declaration of trust is a voluntary personal agreement, so no matter what is stated in this deed, the obligations by the mortgagees to their lender will always remain joint and several.

 

When Do I need a declaration of trust?

You should use a declaration of trust if you purchase property as tenants in common with one or more people, and you desire to record distinct ownership shares. When you sell the property, you get back the same percentage of the proceeds as you put in of the separate share. You can also leave your share to someone in your will, which you cannot do if you are joint tenants.

Is there a maximum of people who can enter into a Declaration of trust?

No, there is no maximum number of parties who can enter into a declaration of trust.

Where Do I register this Declaration of trust?

The completed Declaration of trust should be registered at the Land Registry but is not necessary. You should also show evidence of the true owners of the property by submitting the Declaration of trust in Form TR1 or Form JO and send it to the Land Registry.

What do I need to do before entering into this Declaration of trust agreement?

All parties should consider the proportions that everyone will own the property, including the costs of the purchase and everyone’s contributions. These can then be used to distribute the sale proceeds in the correct proportions when the property is sold.

 

Termination of the Declaration of trust?

Four months’ written notice can be given to each co-owner to terminate the Declaration of trust.

Our Declaration of trust is governed by the law of England and Wales.

Declaration of trust is known as:

Deed of trust
Tenants in common agreement
Co-ownership agreement.

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