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When buying a property with someone else, whether a partner, friend, or family member, it’s vital to clearly define your financial contributions and ownership shares. A Declaration of Trust, also known as a Deed of Trust, is a legally binding document that safeguards your investment and sets out each party’s rights and responsibilities.
At Warner Goodman LLP, our specialist property solicitors guide you through every step of the process, ensuring your interests are fully protected and your property arrangements are clear.
Call us: 01329 288121
Email us: enquiries@warnergoodman.co.uk
A Declaration of Trust is a legal agreement that sets out each co-owner’s contributions to the purchase price, mortgage, improvements, and future expenses. It also clarifies how proceeds from a sale will be divided and may include arrangements for buying out other owners.
This is especially useful when contributions are unequal or when a third party, such as a parent, has provided financial assistance. By clearly documenting ownership, a Declaration of Trust helps prevent disputes and protects everyone’s interests.
Example uses include:
Many people assume that cohabiting partners or family members automatically have equal rights to a property. This is not true. There is no such thing as a “common law spouse,” and without a Declaration of Trust:
A Declaration of Trust ensures that financial contributions are formally recognised, providing peace of mind and preventing future disputes.
A Declaration of Trust is flexible and tailored to your situation. Key aspects can include:
Your solicitor will draft the document based on your instructions, ensuring it is legally binding and can be lodged with the Land Registry for added security.
When owning property with others, you can hold it as either joint tenants or tenants in common. Joint tenants each own an equal share, and the property automatically passes to the surviving owner when one person dies. Tenants in common, on the other hand, can hold unequal shares, and each person’s share can pass according to their Will or the rules of intestacy. A Declaration of Trust is essential for tenants in common to clearly define each owner’s beneficial interest.
Yes. Creating a Declaration of Trust can have tax implications, including Stamp Duty Land Tax (SDLT) if ownership shares change, Capital Gains Tax (CGT) on future sales, and Income Tax on rental income. Our solicitors provide clear advice on these matters to ensure your Declaration of Trust protects your interests while remaining tax-efficient and legally compliant.
Ideally, a Declaration of Trust should be agreed and signed before completing a property purchase. It can also be set up after purchase if circumstances change, such as additional contributions, changes in ownership, or new living arrangements. Early planning offers the best protection for all parties involved.
Without a Declaration of Trust, property contributions may not be recognised legally, especially for tenants in common. This can lead to disputes over ownership or financial claims if relationships break down or if a co-owner passes away. Documenting your intentions in writing provides certainty and legal protection.
Yes. As long as all parties agree, a Declaration of Trust can be amended or replaced to reflect changes in contributions, ownership shares, or other circumstances. Our solicitors can guide you through any updates while ensuring the document remains legally binding.
Our specialist estate planning solicitors will:
 | Discuss your situation and property ownership options |
| Draft a tailored Declaration of Trust based on your instructions |
| Advise on related issues such as Wills, intestacy, and tax planning |
| Assist with lodging notices with the Land Registry if required |
We make the process straightforward, jargon-free, and designed to protect your financial interests.
Ensure your contributions and ownership are fully protected with a professionally drafted Declaration of Trust. With solicitors based in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville, we can help you safeguard your investment with expert legal guidance.
Call us: 01329 288121
Email us: enquiries@warnergoodman.co.uk
To speak to one of our experts please call us
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