# The TR1 form or a declaration of trust: do you need both?

> Source: https://buyingtogether.co.uk/guides/declaration-of-trust-vs-tr1 (updated 24 October 2026)

**Short answer:** The transfer form you sign when you buy, the TR1, has a box for how you'll own the home. Ticking "tenants in common" there is a start. But it can't say whose deposit comes back first, who pays the mortgage, or what happens if you split up. That's what a declaration of trust adds.

## 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](https://buyingtogether.co.uk/guides/signing-before-completion) if you haven't finished buying yet.

## Sources

- [GOV.UK: Guidance on completing form TR1](https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property)
- [GOV.UK: Get information about property and land](https://www.gov.uk/get-information-about-property-and-land)

## 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