A deed of trust, also called a declaration of trust, records who owns what share of a property and what happens when it's sold. Here's when you need one, what it usually costs, how to get one and how the independent advice works.
Home & family property·4 min read
Key takeaways
When two or more people own a property, the Land Registry title shows who the legal owners are. It doesn’t show how much of the value each of them is entitled to. A deed of trust fills that gap. It’s a written agreement between the owners, signed as a deed, that sets out each person’s share and the rules for selling, buying each other out and dealing with payments.
“Deed of trust” and “declaration of trust” mean the same thing here. (In the US, a “deed of trust” is a type of mortgage, and in Scotland a “trust deed” is a debt solution. Neither is what this guide is about.)
Without one, joint owners are usually treated as owning equal shares, and anyone who says otherwise has to prove it in court.
Joint tenants own the whole property together, with no separate shares, and the survivor inherits automatically. Tenants in common each own a share, which can be unequal and passes under their will. A deed of trust with unequal shares only works if you’re tenants in common. HM Land Registry records this with a “Form A” restriction on the title.
There are two separate costs:
There’s no fee to HM Land Registry for the deed itself, because it isn’t registered. If you need to become tenants in common, there’s a small fee for adding the restriction.
If the deed treats one of you less favourably, that person should be advised by a solicitor who isn’t acting for the other owner. We’ll tell you on your free consultation if that applies.
A deed that moves a share of the property from one owner to another can have tax consequences. Check the position before you sign.
A deed of trust only governs things between the owners. On a sale, the mortgage is paid off before anyone receives their share, and all the borrowers stay liable for the whole mortgage. If a family member is being given a share, the lender must agree first, because most lenders want a gifted deposit letter saying the giver has no interest in the property.
Our solicitors can draft your deed of trust or advise you on one. See deed of trust.
Drafting a simple deed between two owners typically costs a few hundred pounds plus VAT, more for complex deeds. Our solicitors confirm a fixed fee on your free consultation. Independent legal advice on a deed starts from £140 + VAT per person.
Yes, if all the owners agree. If you own as joint tenants, you'll usually need to become tenants in common as well.
Yes, once properly signed as a deed. A court will normally follow it, which is why it's worth each owner understanding it before signing.
No. The deed itself isn't sent to HM Land Registry, but the title should show a Form A restriction if you own as tenants in common.
It's strongly advisable. A badly worded deed can produce the opposite of what you intended. Our solicitors can draft it for you, or advise you on a deed someone else has drafted.
Deed of trust
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