# Declaration of trust or cohabitation agreement?

> Source: https://buyingtogether.co.uk/guides/declaration-of-trust-vs-cohabitation-agreement (updated 29 October 2026)

**Short answer:** A declaration of trust deals with one thing: who owns your home and how the money is split. A cohabitation agreement covers the rest of your life together: bills, savings, belongings and what happens if you separate. If you're buying a home together, the declaration of trust comes first.

## Side by side

|  | Declaration of trust | Cohabitation agreement |
| --- | --- | --- |
| Covers | The home: shares, deposits, mortgage, selling, buyouts | Everyday finances, bills, savings, debts, belongings, pets, what happens on separation |
| Form | Usually a deed, signed in front of a witness | Usually a signed agreement |
| How binding | Courts generally treat it as conclusive about the home | Usually upheld if it's fair and you both understood it, but courts look more closely |
| Best for | Anyone who owns or is buying a home with someone else | Couples living together, whether or not they own |

## Which do you need?

If you're buying a home together, start with a declaration of trust. The home is almost always the biggest thing you share, and it's where the law gives unmarried couples the least protection.

Add a cohabitation agreement if you also want to settle things like who pays which bills, what happens to savings you build up together, or who keeps the car.

If you rent together, or one of you owns the home and the other doesn't contribute to it, a cohabitation agreement on its own may be enough.

## Can one document do both?

Some cohabitation agreements include property clauses. It's usually cleaner to keep them separate, because a declaration of trust is signed as a deed and has to say exactly how the home is held. Make sure the two documents don't contradict each other.

## If you marry

Neither document stops a divorce court dividing things differently. If you plan to marry and want your arrangements to hold, you'll need a prenuptial agreement and legal advice.

## Make your declaration of trust

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