What the TR1 box does
When two or more people buy, the TR1 asks how you'll hold the property. There are three choices:
- as joint tenants
- as tenants in common in equal shares
- on some other trust, which you describe in the space given
Your conveyancer usually fills this in. It's legally effective: once signed, it's an express declaration of how you own the home.
What it can't do
The box has room for a line or two. It can say "tenants in common in shares of 70% and 30%", but it won't cover:
- getting deposits back before the rest is split
- who pays the mortgage, and whether paying more counts
- what happens if one of you moves out
- notice periods, buyouts and how the price is set
- who pays if the sale doesn't clear the mortgage
If those matter to you, and with unequal deposits they usually do, you need a declaration of trust as well.
Make sure they match
The two documents must agree. If the TR1 says joint tenants and your declaration says tenants in common with unequal shares, you've created an argument. Tell your conveyancer about your declaration before they complete the TR1, so they choose "on some other trust" or tenants in common, not joint tenants.
Mistakes do happen, and courts have had to untangle cases where the wrong box was ticked. Putting it right afterwards means evidence, lawyers and time. Getting it right at the start costs nothing.
Already completed?
Download your title register for £7 from GOV.UK. If it shows a Form A restriction, you were registered as tenants in common. If you want unequal shares or the extra protections, you can still sign a declaration of trust now. See our guide to signing before completion if you haven't finished buying yet.