# What should a declaration of trust include?

> Source: https://buyingtogether.co.uk/guides/what-to-include-in-a-declaration-of-trust (updated 24 October 2026)

**Short answer:** A good declaration of trust answers every money question you might argue about later. Here's a checklist of what it should cover, based on the published templates and law firm guidance we compared ours against.

## The basics

- Both owners' full names and addresses
- The property's address and Land Registry title number
- The price, each owner's deposit, any gifts and the mortgage
- That you hold the home as tenants in common

## Shares and money

- How the money is split when you sell: deposits back first, fixed percentages or equal
- What counts as the money to split, meaning the sale price less the mortgage and selling costs
- Who pays if a sale doesn't clear the mortgage
- Who pays the mortgage, insurance and repairs
- Whether paying more, including lump sums, changes anything
- What happens if one owner covers the other's missed payment
- How improvements are treated

## Living there

- That both of you can live in the home
- What happens to the costs if one of you moves out
- That neither of you can take a lodger, let it out or borrow against it without the other's agreement
- Duties to keep it insured and in repair

## Selling and buyouts

- How much notice either of you gives to sell
- Whether the other can buy you out, and how long they have to decide
- How the price is set, usually by an independent RICS valuer
- What happens if a buyout falls through
- What happens if one owner goes bankrupt

## The legal parts

- What happens to a share if an owner dies
- That changes need a new signed deed
- How notices are given
- That each of you could take independent advice
- That it's governed by the law of England and Wales
- Signature blocks for both owners, each with a witness

## What it shouldn't include

Bills, pets, cars and savings belong in a [cohabitation agreement](https://buyingtogether.co.uk/guides/declaration-of-trust-vs-cohabitation-agreement). A declaration of trust works best when it sticks to the home.

## Sources

- [Law of Property Act 1925, section 53](https://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/53)
- [Law of Property (Miscellaneous Provisions) Act 1989, section 1](https://www.legislation.gov.uk/ukpga/1989/34/section/1)
- [Land Registration Rules 2003, Schedule 4](https://www.legislation.gov.uk/uksi/2003/1417/schedule/4)

## 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