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Declaration of Trust Editor

Define ownership shares and arrangements for co-owned property

🏠 Property Details

? The Land Registry title number for the property. Found on your title deeds or by searching the Land Registry.
From HM Land Registry (e.g., NGL123456)
Total purchase price in pounds (£)

⚖️ Ownership Structure

? Tenants in Common: Each owner has a distinct share (can be unequal) that passes to their estate on death. Joint Tenants: Equal shares, property automatically passes to surviving owner(s) on death.
Tenants in Common: Each co-owner has a specific percentage share. These shares can be unequal and will pass according to each owner's Will or intestacy rules on death. This is the most common choice for unmarried couples and family/friend purchases.

👥 Co-Owners

Co-Owner 1 (Primary)
Co-Owner 2

🏦 Mortgage Details

? This determines how monthly mortgage payments are divided between co-owners. Equal shares may differ from ownership percentages.

💷 Outgoings & Expenses

? This covers bills, council tax, insurance, repairs and maintenance. Consider whether ownership shares or equal splits better reflect your arrangement.
Covered Outgoings: Council tax, water rates, gas, electricity, buildings insurance, contents insurance (common areas), service charges, ground rent, repairs and maintenance.

🔑 Occupation Rights

🏷️ Sale Provisions

? The minimum notice one co-owner must give others before requiring a sale. Gives time to arrange finances or find a buyer for their share.
? Gives remaining co-owners the first opportunity to buy the selling co-owner's share before it's offered to outside parties.
? Choose whether to split by ownership shares (most common) or return original contributions first before splitting the remainder.

📋 Death of a Co-Owner

Important: As Tenants in Common, each co-owner's share passes according to their Will (or intestacy rules if no Will exists). This Declaration of Trust does not override Will provisions but provides clarity on the process.
? Gives surviving co-owners first option to purchase the deceased's share from their estate, typically at market value determined by independent valuation.

🔨 Improvements & Changes

? Determines whether all co-owners must agree before structural changes or significant improvements are made to the property.
? If one co-owner pays for improvements, this determines whether their ownership share increases or whether they are simply reimbursed on sale.

🤝 Dispute Resolution

? Choosing mediation or arbitration first can save significant costs compared to going straight to court. Most disputes can be resolved without litigation.
Recommendation: Mediation is generally the most cost-effective approach. An independent mediator can help co-owners reach agreement without expensive court proceedings.

📅 Declaration Details

✂️ Severance of Joint Tenancy

If you currently hold the property as joint tenants and need to change to tenants in common, a written Notice of Severance is required. This template can generate one for you alongside the Declaration of Trust.

After signing: Submit a Form SEV to HM Land Registry to register the change — there is no fee. Download Form SEV from GOV.UK.

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