The simple answer is yes, you can create your own Declaration of Trust for a property you are purchasing with someone else, but if there are any errors, it may not be recognised by a court of law. It is generally recommended that you ask a conveyancing solicitor to create it for you as it is then legally binding.
Why should I have a Declaration of Trust?
Although there are costs attached to creating a Declaration of Trust, it pales into insignificance when it comes to the amount you may lose out on if your relationship with the person you bought the property with breaks down. In research carried out in 2022 by Zoopla, over a quarter of respondents said they thought they had lost out when a property was sold after a relationship breakdown. Despite this, only 15% said they had created a Deed of Trust as protection.
You will find plenty of information online about Declarations of Trust online including sites such as https://www.parachutelaw.co.uk/deed-of-trust.
What is a Declaration of Trust and when is it used?
It is a legal document drawn up by people who are buying property together and reflects the manner in which they will fund and sell the property and how the proceeds from the sale will be divided. It will also often confirm the extent of each individual’s beneficial interest in the property.
There are a number of circumstances in which the use of these instruments is appropriate. For example, when an unmarried couple buys a property, their individual contributions can be set out, providing guidance on how proceeds should be distributed if they split and sell the property.
If parents have made contributions to help their children, they may wish to protect these or set out when they should be repaid. Finally, there may be circumstances in which one person’s name is not on the title deeds, yet they have contributed financially to the property.
Why should I have a Declaration of Trust?
If couples or friends buy a property together and one contributes significantly more than the other, on the breakdown of the relationship there could be complex legal wrangling before an agreement is reached on how the proceeds of the property sale are divided. A Declaration of Trust avoids this since it sets out clearly from the outset how the proceeds will be divided.
