Who owns what,
in writing.
If you are buying with someone else and the shares are not simply half each, a declaration of trust records the real position — so it is settled now, not argued about later.
When you need one
The title deeds rarely tell
the whole story.
Property is often owned jointly but paid for unequally. The Land Registry records who owns it; it does not record who put in what. A declaration of trust is where that gets written down.
General information, not legal advice — Conveyancing Index is not a firm of solicitors. A regulated specialist will advise on your own circumstances.
Unequal deposits
One of you put in £40,000 and the other £10,000. How the proceeds get split on a sale depends on how the property is held and what was recorded when you bought — and a larger deposit is not automatically accounted for. A declaration of trust is where that contribution is written down.
Buying with friends or family
Siblings, friends, a parent helping with the deposit. Everyone is clear at the point of buying and much less clear five years later, when one of you wants out and the others do not. Writing it down at the start is the cheap moment to do it.
A partner moving into a home you already own
An unmarried partner's position is not the same as a spouse's. If your partner starts contributing to the mortgage or pays for an extension, a declaration of trust is what makes their position — or the absence of one — explicit and agreed in advance.
FAQ
Questions, answered plainly.
What is a declaration of trust?
A declaration of trust is a legal document that records who owns what share of a property. Where the legal owners on the title are not the whole story - unequal deposits, one person paying more of the mortgage, a parent contributing, a partner moving into a home someone already owns - it sets out the real position in writing so it is not argued about later.
Who needs one?
It is usually considered by people buying or owning property with someone else where the shares are not simply 50/50: couples where one has put in a larger deposit, friends or siblings buying together, parents helping a child onto the ladder, and unmarried partners, whose position is not the same as a married couple's. Whether you need one is a question for a specialist, and the call is free.
Is it the same as a will?
No. They do different jobs: a declaration of trust records ownership shares in a property while you own it, and a will deals with your estate after death. The two often come up together, and a solicitor will tell you whether that applies to you.
Is it a legally binding document?
It is intended to be binding on the people who sign it, which is why it is normally drafted, signed and witnessed with a solicitor rather than adapted from a template. How much weight it carries depends on how it is drawn up and on the circumstances, so that is a conversation to have with the specialist.
Can we change it later?
Usually, yes. Circumstances change - a partner buys in, someone pays off a chunk of the mortgage, shares are renegotiated - and a declaration of trust is normally varied by agreement between everyone who signed it. A specialist will confirm what varying yours would involve.
What does it cost?
It depends on how complicated the arrangement is - a straightforward unequal-shares declaration costs less than one dealing with several contributors and future contributions. Tell us about the property and a specialist will confirm the cost before anything is drawn up. There is no charge for the conversation.
General information, not legal advice — Conveyancing Index is not a firm of solicitors. A regulated specialist will advise on your own circumstances.