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Declaration of Trust

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Declaration of Trust

More people than ever before are choosing to live together without getting married. If you are buying a new place together, or moving into a home your partner already owns, then think carefully about a "declaration of trust".

A Declaration of Trust is a legally binding document which can state how a particular property is owned.

The declaration might set out the contributions that each person has made to the purchase of the property, who owns what and what happens in the event of someone wishing to move on.

In addition it may set out details of how the property expenses will be paid, responsibility for insurance, repairs, mortgage, maintenance and should provide a mechanism for the sale of the property, in the event of a breakdown in the relationship, on the death of one party.


The parties are bound by the terms of the declaration, providing clarity and certainty. This provides co-owners with the reassurance that their shares and responsibilities will always remain the same.

Having a Trust Deed is an effective way of clarifying ownership of a property, and is generally considered to be conclusive evidence as to ownership.

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