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Can we make one after we have bought?

Yes. A declaration of trust can be made at any time while you both agree. It is far easier to agree before completion than after a disagreement has started.

Is it legally binding?

Yes, as between the owners. A court will generally give effect to a properly executed declaration, which is precisely why it is the strongest protection available to an unequal contributor.

Does it affect the mortgage?

No. It governs beneficial ownership between you. The lender's charge and your joint liability to the lender are unaffected.

Knowledge hub

Ownership · 5 min read

What is a declaration of trust, and do I need one?

The document that records who really owns what when a property is bought together, and why unequal contributions make it essential.

Russ

HMLR Case Specialist

A declaration of trust is a deed recording the beneficial ownership of a property: who owns what share, how contributions are treated, and what happens on a sale or separation. You need one whenever contributions are unequal, whenever someone contributing is not on the legal title, and whenever the arrangement is anything other than a straightforward 50/50 split between two people.

Common questions

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