# Declaration of trust template (England and Wales)

> Source: https://buyingtogether.co.uk/declaration-of-trust

## What you get

- A declaration of trust template for England and Wales that two people complete online, for a home they are buying together or already own. Both must be, or will be, named on the Land Registry title.
- Price: £59, one payment. No subscription and no account.
- You see your names, property and amounts in a live preview as you type, before you pay. The full text unlocks after payment.
- Instant PDF download after payment, with a step-by-step signing guide (how to sign as a deed, witnessing, dating, and the Land Registry Form A restriction).
- Re-download any time on another device by entering the email address used on the form. Your answers are kept until you delete them.
- Choices covered: deposits back first then the rest split equally, fixed percentages, or equal shares; who pays if a sale doesn't clear the mortgage; whether paying more of the mortgage changes anything; what happens if one owner moves out; notice to sell (1, 3 or 6 months); an optional buyout at market value set by an independent RICS valuer; and an optional right for the survivor to stay in the home for up to 1, 2 or 5 years if one owner dies.
- Works whether you are still buying (signed before or on completion day) or already own the home.
- If the document is wrong because of a fault on our side, we fix it free or refund you.
- Optional: 2 printed copies posted Royal Mail 1st Class for £12.99, to the home or, if you are still buying, to another UK address.

## Who it isn't for

- It is a template you complete yourself. We are not a law firm, do not give legal advice, and do not draft or check your document.
- Not suitable if only one of you is on the title, there are more than two owners, a parent is lending (not giving) money, you have already separated or cannot agree, the property is a buy-to-let or company-owned, or you are married and want the split to hold on divorce. Take legal advice in those cases.
- England and Wales only.

## How it works

1. Answer questions about the property, both owners, deposits and how you want to split things.
2. Check the live preview.
3. Pay once and download the PDF.
4. Print it and each sign in front of an independent adult witness. Date it (on completion day if you're buying).
5. Keep the original. Check your title shows a Form A restriction.

Start: https://buyingtogether.co.uk/declaration-of-trust

## Guides

- [How much does a declaration of trust cost?](https://buyingtogether.co.uk/guides/declaration-of-trust-cost.md): A solicitor usually charges £300 to £720 for a declaration of trust. Online drafting starts at about £180, and a template you complete yourself costs less.
- [Can you make your own declaration of trust?](https://buyingtogether.co.uk/guides/make-your-own-declaration-of-trust.md): Yes. No law says a solicitor has to write a declaration of trust. It must be in writing and signed, and is normally signed as a deed in front of a witness.
- [Putting in a bigger deposit? How to protect it](https://buyingtogether.co.uk/guides/protect-your-deposit-buying-together.md): If you put in a bigger deposit and don't write it down, you may only get half back. A declaration of trust lets you get your deposit back first.
- [Joint tenants or tenants in common?](https://buyingtogether.co.uk/guides/tenants-in-common-or-joint-tenants.md): Joint tenants own the whole home together and the survivor inherits it. Tenants in common own separate shares that can be unequal and pass under a will.
- [Declarations of trust for unmarried couples](https://buyingtogether.co.uk/guides/declaration-of-trust-unmarried-couples.md): Unmarried couples have no automatic claim on each other's property if they split up. A declaration of trust records who owns what so it's settled in advance.
- [How to sign and witness a declaration of trust](https://buyingtogether.co.uk/guides/how-to-sign-a-declaration-of-trust.md): Each owner signs in front of an adult witness who is physically present, then the witness signs and adds their name and address. One witness can do both.
- [The Form A restriction: what it is and how to add one](https://buyingtogether.co.uk/guides/form-a-restriction.md): A Form A restriction on your title shows you own as tenants in common. It stops a sole surviving owner selling alone. Adding one is free with form SEV or RX1.
- [Parents helping with the deposit? How to protect the gift](https://buyingtogether.co.uk/guides/gifted-deposit-declaration-of-trust.md): If a parent gives one of you money for the deposit, a declaration of trust can make sure that money comes back to their child, not split 50/50, if you sell.
- [Can a declaration of trust be challenged?](https://buyingtogether.co.uk/guides/can-a-declaration-of-trust-be-challenged.md): Rarely. A properly signed declaration of trust is normally conclusive. Courts only set one aside for fraud, a genuine mistake, pressure, or a later agreement.
- [How to change a declaration of trust](https://buyingtogether.co.uk/guides/change-a-declaration-of-trust.md): You can change a declaration of trust if you both agree, by signing a new deed. Neither owner can change it alone. Here's when it's worth doing and how.
- [Buying together? Sign your declaration of trust before completion](https://buyingtogether.co.uk/guides/signing-before-completion.md): The best time to sign a declaration of trust is before or on completion day. Here's how it fits with your conveyancer, the TR1 form and your mortgage.
- [Buying a house with a friend: what to agree first](https://buyingtogether.co.uk/guides/buying-a-house-with-a-friend.md): Buying with a friend can get you on the ladder sooner. Agree your shares, the bills and an exit plan in a declaration of trust before you complete.
- [Buying a house with a parent or sibling](https://buyingtogether.co.uk/guides/buying-a-house-with-family.md): Buying with a parent or sibling? Decide whose name goes on the title, watch for the Stamp Duty surcharge, and write down everyone's share in a declaration of trust.
- [Paying more of the mortgage than your partner?](https://buyingtogether.co.uk/guides/who-pays-the-mortgage.md): Paying more of the mortgage doesn't automatically give you a bigger share. Decide in your declaration of trust whether extra payments count, and keep records.
- [Paying for renovations on a home you own together](https://buyingtogether.co.uk/guides/renovations-and-extensions.md): Paying for a new kitchen or an extension doesn't automatically increase your share. Agree it in writing before the work starts, or the money may be lost.
- [What should a declaration of trust include?](https://buyingtogether.co.uk/guides/what-to-include-in-a-declaration-of-trust.md): A checklist of what a declaration of trust between two co-owners should cover: shares, deposits, mortgage, costs, moving out, selling, buyouts and death.
- [Splitting up and not married: who gets the house?](https://buyingtogether.co.uk/guides/splitting-up-who-gets-the-house.md): If you're not married and you split up, your home is divided by property law, not fairness. Here's what happens with and without a declaration of trust.
- [How to buy out your partner or co-owner](https://buyingtogether.co.uk/guides/buying-out-the-other-owner.md): To buy out a co-owner you agree a value, work out their share, take over the mortgage with your lender's agreement, and transfer the title. Stamp Duty may apply.
- [What happens to your home if a co-owner dies?](https://buyingtogether.co.uk/guides/if-a-co-owner-dies.md): As joint tenants the survivor gets the whole home. As tenants in common, the dead owner's share passes under their will, and the survivor may share the home with their heirs.
- [Declaration of trust or cohabitation agreement?](https://buyingtogether.co.uk/guides/declaration-of-trust-vs-cohabitation-agreement.md): A declaration of trust covers who owns your home. A cohabitation agreement covers everything else about living together. Many couples need both.
- [The TR1 form or a declaration of trust: do you need both?](https://buyingtogether.co.uk/guides/declaration-of-trust-vs-tr1.md): The TR1 transfer form records how you'll own your home, but not deposits, costs or what happens if you split up. A declaration of trust covers those.
- [Do we need a cohabitation agreement?](https://buyingtogether.co.uk/guides/do-we-need-a-cohabitation-agreement.md): A cohabitation agreement sets out who pays for what and what happens if you split up. Unmarried couples have few legal rights, so it fills the gap.
- [Unmarried couples' rights: the common law marriage myth](https://buyingtogether.co.uk/guides/unmarried-couples-rights-common-law-marriage.md): There's no common law marriage in England and Wales. Here's what unmarried partners are and aren't entitled to if they split up or one of them dies.

Buying Together is a trading name of Nanoswift Ltd, registered in England and Wales (company number 16216561), ICO registration ZB874287. Contact: buyingtogether@nanoswift.co.uk.
