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Can you make your own declaration of trust?

Short answer: Yes. There's no rule that a solicitor has to write a declaration of trust. It has to be in writing and signed by you both, and it's normally signed as a deed in front of a witness. What matters is that it says clearly what you've agreed.

Updated 24 October 2026

What the law requires

A declaration of trust over a home has to be "manifested and proved by some writing" signed by the people declaring it. That comes from section 53(1)(b) of the Law of Property Act 1925. A spoken agreement or a text message is not enough.

Most declarations are signed as a deed. A deed has to say it's a deed, be signed by each person in front of a witness who also signs, and be delivered, which in practice means dated and treated as final. Signing as a deed makes it much harder for either of you to argue later that you didn't mean it.

None of this needs a solicitor. People sign their own deeds all the time, from deed polls to declarations of trust.

What a declaration of trust should cover

At a minimum it should name you both as you appear on the title, identify the property, and say you hold it as tenants in common, because that's what allows separate shares. Then it needs to deal with the money:

  • how the proceeds are split when you sell, for example deposits back first and the rest equally
  • who pays if a sale doesn't cover the mortgage
  • who pays the mortgage and running costs, and whether paying more changes the shares
  • how much notice either of you gives to sell, and whether one can buy the other out

It's also worth saying plainly that your share passes under your will if you die. Plenty of people assume it goes to the other owner. It doesn't.

Signing it properly

  1. Print it on plain paper. Don't sign until you're both in front of a witness.
  2. Each owner signs in front of an independent adult witness, who then signs and adds their name and address. One witness can watch you both. Don't witness each other.
  3. Date it. If you're buying, date it on completion day.
  4. Keep the original safe with your property papers. You don't send it to the Land Registry.
  5. Check your title register shows a "Form A" restriction, which records that you're tenants in common. If it doesn't, you can apply for one yourself for free.

When doing it yourself isn't a good idea

A template works well when two people, both on the title, have already agreed how to split things. It isn't the right tool if only one of you is on the title, a parent wants a loan repaid, you've already separated, or there are more than two owners. Pay for advice in those cases.

Being married or in a civil partnership doesn't stop you making one, but a divorce court can divide things differently. Our guide to declarations of trust for unmarried couples explains why.

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