Declaration of Trust
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Protect your property interests with a Declaration of Trust
Whether you’re buying with a partner, family member, or friend, a Declaration of Trust ensures everyone’s financial interests are clearly recorded. At PCS Legal, our experienced Declaration of Trust solicitors help you safeguard your contribution and prevent future disputes, with clear, legally binding documentation tailored to your situation.
Clarity and protection for joint property owners
Buying a property with someone else — whether a partner, friend, or family member — is an exciting milestone. But it’s also a major financial commitment, and without the right legal agreements in place, things can quickly become complicated if circumstances change.
A Declaration of Trust, sometimes called a Deed of Trust, is a legally binding document that clearly sets out who owns what share of the property, how much each person has contributed, and what should happen if one of you wants to sell or move on.
It’s particularly important where contributions are unequal. For example, suppose one person pays a larger deposit or covers more of the mortgage. In that case, a Declaration of Trust ensures that those contributions are recognised and protected, thereby clarifying each party's interest in the property.
The agreement can cover a wide range of details, including:
The exact percentage share each person owns
How much each party has paid towards the deposit or purchase costs
How mortgage payments and upkeep costs will be shared
What happens if the property is sold or one owner wishes to exit
Without this type of legal protection in a trust deed, it can be difficult to prove what was agreed, and disputes over property shares can become costly and emotionally draining.
At PCS Legal, our experienced Declaration of Trust solicitors work with you to create a clear, practical agreement that reflects your specific situation and future plans. It’s a simple step that can offer long-term peace of mind and help protect both your investment and your relationship.
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Specialist legal advice tailored to your needs
No two property purchases are the same, and neither are the people behind them, especially when it comes to their interests in the property. Whether you're buying your first home with a partner, helping your child onto the property ladder, or investing with a friend, our Declaration of Trust solicitors will ensure your agreement reflects your unique financial arrangements.
At PCS Legal, we specialise in drafting Declarations of Trust that are clear, legally robust, and fully aligned with your intentions as co-owners. We take time to understand your situation and advise on the most appropriate way to document contributions, define ownership shares, and plan for future scenarios, such as one party wishing to sell or move out.
We offer:
Fixed-fee pricing with full transparency from the outset
Appointments in person or online, to suit your availability
Local offices in London, and across the South East
A friendly, professional team that explains everything in plain English, including the implications of being joint tenants or tenants in common.
Many clients come to us after searching for a Declaration of Trust solicitor near me, and we’re proud to offer both local expertise and the flexibility to support you wherever you're based.
While it may be tempting to try to draft a declaration of trust without a solicitor, doing so risks future disputes or unenforceable terms. Our role is to ensure your agreement stands up to scrutiny — and that your financial contribution is protected for the long term.
We’re here to make the process smooth, straightforward, and secure — so you can move forward with clarity and confidence.
Declaration of Trust frequently asked questions
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Yes, the terms “Declaration of Trust” and “Deed of Trust” are often used interchangeably. Both refer to a legal document that outlines how a property is owned and how proceeds should be divided if the property is sold.
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Without a Declaration of Trust, there may be no clear legal record of who owns what share of the property, especially if contributions were unequal. This can lead to disputes and financial uncertainty if the relationship breaks down or the property is sold, particularly concerning each party's share in the property.
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It’s not legally required, but it’s highly recommended. A Declaration of Trust protects each person’s investment by clearly stating who owns what share and how proceeds should be divided, especially when contributions are unequal.
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Yes, particularly if you’re contributing different amounts to the deposit, mortgage, or running costs as co-owners. A Declaration of Trust sets clear terms from the outset and can help avoid disagreements in the future regarding each co-owner's interest in the property.
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Yes, you can put a Declaration of Trust in place after you’ve completed your purchase. It’s best done as soon as possible, especially if you want to protect your financial interest or reflect a change in contribution.
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Yes, but only if all parties agree. A new deed would usually be drafted to reflect the updated terms of the trust deed. This is useful if circumstances change, such as one party paying more towards the mortgage or buying the other out.
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In most cases, we can prepare a Declaration of Trust within a few working days once we’ve received all necessary information. Timescales may vary slightly depending on complexity and the speed of client approval.
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Yes. The agreement can outline how mortgage payments are split between owners, and how these contributions should be factored into ownership shares or future sale proceeds.
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Yes, if drafted correctly, a Declaration of Trust is legally binding and recognised by the courts. It can be used as evidence in the event of a dispute over ownership or sale proceeds.
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No, the Land Registry title shows the legal owners, but not how ownership is divided. A Declaration of Trust sits alongside the title and provides a private, binding agreement on the shares each party holds.
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It’s not legally required for both parties to have separate solicitors, but it’s advisable. Independent legal advice ensures that each party fully understands the agreement and helps prevent disputes in the future.
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Even with equal ownership, a Declaration of Trust can be useful to set out what happens if the property is sold, one party wants to leave, or additional financial contributions are made later on.
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