Gepp Solicitors - Solicitors in Chelmsford, Essex

Buying a property with someone else is one of the biggest financial commitments you’ll ever make. Whether you’re purchasing with a partner, family member or friend, it’s important to record exactly who owns what.

A Declaration of Trust is a legally binding document that sets out each person’s financial interest in a property and what should happen if the property is sold in the future.

At Gepp Solicitors, we prepare tailored Declarations of Trust that provide certainty, protect your investment and help reduce the risk of disputes later on.

What is a Declaration of Trust?

A Declaration of Trust (sometimes called a Deed of Trust) is a legal agreement that records the beneficial ownership of a property.

Although two or more people may be registered as the legal owners at HM Land Registry, a Declaration of Trust records how the beneficial interests in the property are actually owned.

For example, it can record:

  • unequal deposit contributions
  • different ownership percentages
  • responsibility for mortgage payments
  • responsibility for maintenance costs
  • how sale proceeds will be divided
  • what happens if one owner wishes to sell

Having these arrangements clearly documented helps avoid uncertainty and provides clarity if circumstances change.

Who should consider a Declaration of Trust?

A Declaration of Trust can be beneficial whenever two or more people contribute differently towards purchasing or owning a property.

Common situations include:

Why have a Declaration of Trust?

A professionally prepared Declaration of Trust can provide valuable protection by:

  • recording each owner’s financial contribution
  • protecting larger deposits
  • reducing the likelihood of future disputes
  • providing certainty if relationships change
  • clarifying ownership for future property sales
  • recording agreed arrangements in writing
  • supporting future estate planning

When should it be prepared?

Ideally, a Declaration of Trust should be prepared at the time the property is purchased.

However, it can also be created after completion if all owners agree.

Seeking advice early often makes the process simpler and ensures everyone’s intentions are properly documented from the outset.

Can a Declaration of Trust be changed?

Yes. If all owners agree, a Declaration of Trust can usually be varied or replaced to reflect changing circumstances.

This may be appropriate if:

  • ownership shares change
  • one owner contributes additional funds
  • a mortgage is repaid
  • further investment is made in the property
  • personal circumstances change

Our team can advise whether an existing Declaration of Trust remains suitable or whether it should be updated.

Why choose Gepp Solicitors?

A Declaration of Trust should do more than simply record ownership percentages. It should accurately reflect your intentions, protect your financial interests and provide clarity if circumstances change in the future.

At Gepp Solicitors, our experienced Private Client team takes the time to understand your individual circumstances before preparing a document tailored to your needs. Where appropriate, we work alongside our Residential Conveyancing and Tax & Succession Planning teams to provide joined-up legal advice, giving you confidence that your arrangements are properly documented.

Need advice about a Declaration of Trust?

Whether you’re buying a property with a partner, family member or friend, or you’d like to formalise an existing ownership arrangement, our experienced advisers are here to help.

We’ll explain your options in plain English, prepare a Declaration of Trust tailored to your circumstances and ensure your interests are protected from the outset.

Call: 01245 228125

Email: privateclientenq@gepp.co.uk

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Call: 01245 228125 or email: privateclientenq@gepp.co.uk or request a call back.

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