Property

What is a Declaration of Trust and Do You Need One? England and Wales Guide

March 2026  ·  Kent Online Legal Document Service  ·  England and Wales only

If you are buying a property with another person, or you already own one jointly, a Declaration of Trust is one of the most important documents you can have. It protects your financial interest in the property and removes ambiguity about who owns what. This guide explains what a Declaration of Trust is, when you need one and what it should contain.

What is a Declaration of Trust?

A Declaration of Trust — sometimes called a Deed of Trust — is a legal document that sets out how a property is owned between two or more people. It records each owner's share of the property, what happens if one person wants to sell, and how the property should be dealt with if the owners separate or one of them dies.

A Declaration of Trust is used where property is owned as tenants in common — that is, where each owner holds a defined share. It gives both legal clarity and practical protection to everyone involved.

When Do You Need a Declaration of Trust?

A Declaration of Trust is particularly important in the following situations:

What Does a Declaration of Trust Contain?

A well-prepared Declaration of Trust typically covers:

Does the Property Need to be Tenants in Common?

Yes. A Declaration of Trust only works properly if the property is owned as tenants in common, not joint tenants. If your property is currently owned as joint tenants, you will need to serve a Notice of Severance first to change the ownership type before a Declaration of Trust takes effect.

If you are not certain how your property is owned, we offer a Title Register Check for £10 to confirm this. If a Notice of Severance is needed, we can prepare this for £49.

Once we have confirmed ownership is tenants in common, or once the Notice of Severance has been served, your Declaration of Trust can be prepared.

What a Declaration of Trust Cannot Do

A Declaration of Trust records your beneficial interests in the property — that is, who owns what share financially. It does not change who is named on the mortgage. All mortgage holders remain jointly and severally liable for the mortgage debt regardless of what the Declaration of Trust says. If one owner stops paying their share of the mortgage, the lender can pursue the other for the full amount.

If you have a mortgage on the property, you should let your lender know you are entering into a Declaration of Trust. In some cases your mortgage terms may require consent. We strongly recommend checking with your mortgage lender and seeking independent legal advice before proceeding.

Need a Declaration of Trust?

Protect your share of a jointly owned property. Prepared by a qualified paralegal for £79, delivered within 48 hours.

Order a Declaration of Trust — £79
Important notice: This article is for general information only. It does not constitute legal, tax or financial advice. Kent Online Legal Document Service is a document preparation service. We are not a law firm and are not regulated by the Solicitors Regulation Authority. Always seek independent legal and financial advice before making decisions about your estate or documents.