What is a Declaration of Trust?
A Declaration of Trust, also know as a Deed of Trust, is a legal document that records the financial arrangement between co-owners of a property. It states who the owners are, how much of the property they each own and how much they should each contribute to the mortgage repayments and other costs. The document is created by a legal expert and registered with the governmentís Land Registry so that it can be called upon in future, for example in case of a financial dispute involving the property.
Why do I need a Declaration of Trust?
If you already own property, or are planning to buy one with someone else, it is highly recommended you have a Declaration of Trust registered. By officially recording the details of your financial arrangement you can help avoid the prospect of possible future legal disputes.
While the arrangements of married couples and civil partners who own a property together are usually protected in law, those laws assume equal ownership of the property and responsibility for costs. In the real world, this assumption is not necessarily true, and a Declaration of Trust makes a great deal of sense.
What happens if I donít have a Declaration of Trust?
Itís not a legal obligation to have a Declaration of Trust, but it is advisable. Letís say, for argumentís sake, you and your partner, or a friend, buy a house together but later decide to go your separate ways, and so sell the property. If you donít have a Declaration of Trust registered, it will be much harder to prove exactly how much of the value of the property each of you are entitled to, or to settle any costs you may have incurred over the years. If you canít agree on this, you could end up going to court to settle it.
Put it this way, you could pay a little now for a Declaration of Trust, or it could cost you thousands of pounds in legal fees later.
How do I get a Declaration of Trust?
Over the years, our team of legal experts have provided countless people with Declarations of Trust. Once youíve registered your interest, weíll have one of them contact you to arrange a free, no-obligation meeting over the phone. Theyíll talk you through the process step-by-step, explaining every detail as they go to ensure you know exactly whatís involved.
Your solicitor can then prepare the documentation, and once it's signed, register it with HM Land Registry on your behalf. From that moment, the financial details of your co-owned property will be officially recorded, giving you and your co-owners valuable peace of mind.
Just leave your contact details here, and weíll have one of our team get in touch to explain the process.