Deed of Trust

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What is a deed of trust?

A Deed of Trust (also known as a Declaration of Trust) is a legally binding document for joint property owners. It explicitly declares your percentage of ownership—known as your beneficial interest shares—ensuring your financial investments are protected.

Beyond just ownership percentages, a well-drafted deed of trust outlines your exact intentions for the property. It legally records how you will split ongoing expenses, how rental income will be divided, and the exact mechanics of what happens if the relationship breaks down or one owner wants to force a sale.

What types of trust deeds do we offer?

Our specialist solicitors have drafted a suite of standard trust deeds tailored to cover the most common property ownership circumstances and relationships.

Deed of Trust

Floating Deed of Trust

Deed of Assignment

Declaration of No Interest

Joint Mortgage Sole Proprietor Deed of Trust

Cohabitation Agreement

Call or email for a quote on 0333 344 3234 / help@samconveyancing.co.uk, or Ask a Free Online Question.

What are the benefits of a deed of trust?

A deed of trust allows you to protect your interests, intentions, and financial well-being in a transparent, legally enforceable document that is executed as a deed.

Who needs a deed of trust?

You should strongly consider executing a trust deed if you fall into any of the following categories:

• Buying jointly with unequal deposits: If the initial investment and ongoing financial responsibility are going to be anything other than a straight 50/50 split.
• Gifting a deposit (Bank of Mum and Dad): If you want to protect a gifted deposit. For example, ensuring your child gets your full financial gift back before the remaining equity is split if their relationship with their co-owner breaks down.
• Moving in with a legal owner: You can legally define that your financial contributions (like paying for an extension) earn you a beneficial interest in the property. Alternatively, you can sign a Declaration of No Interest to explicitly protect your partner's sole ownership.
• Submitting Form 17 to HMRC: If you are married or in a civil partnership and need to register an unequal beneficial ownership split to ensure rental income is taxed efficiently.
• Existing owners changing shares: If you need to formally change the split of shares with an existing joint owner or assign a portion of your shares to a new beneficiary.
• Separating from your spouse: If you need to assign all your beneficial shares to your ex-partner, but must remain on the legal title deeds for mortgage purposes.
• Investing in a property: If you are investing capital into a property and want to ensure your investment is returned either as a fixed amount plus interest, or as a distinct share of the sale proceeds.

How does our fixed-fee deed service work?

Your deed will be expertly drafted to suit your specific needs, including one free revision. Once finalised, you will print, sign, and date your deed with your witnesses, before returning it to our solicitor for formal certification.

• 1

  Speak to our deed team to discuss your requirements

If you already know which deed you require, you can skip this step. If you are unsure which deed best suits your needs, whether you should include a floating formula, or if you need bespoke provisions, our specialist in-house deed team is on hand to talk you through your options free of charge. Call us on 0333 344 3234 or ask a question online.

• 2

  Complete our instruction form and pay securely

Instruct us online instantly. You will fill in your details, upload your proof of ID and proof of address, and pay our fixed fee. Once received, our panel solicitor will begin drafting your document immediately.

• 3

  Receive your first draft

Our solicitor will send you the finished draft within 1 to 2 working days(i). Most clients accept this draft as final, but you may request one free revision at this stage to correct any details.

• 4

  Sign and execute your deed

To legally execute the document as a deed, both parties and their independent witnesses must sign and date the document in wet ink. You will then post it back to our solicitor for certification. This adds a crucial layer of protection against any future disputes over the execution date.

• 5

  Receive your certified copy

Our solicitor will email you a digitally certified copy, ready to be forwarded directly to your mortgage lender, conveyancing solicitor, the Land Registry, or HMRC. Your original hard-copy document will be returned to you safely by post.

Free initial advice on how our deeds can work for you

Arrange a free consultation with one of our experienced conveyancing executives if you are:

• Severing joint tenancy to register as tenants in common, or vice versa.
• Buying with your unmarried partner, to protect your shares in case the relationship breaks down.
• Married or civil partners let a property, and one of you is in a lower tax bracket.
• Buying with friends or family, to protect shares based on initial and ongoing contributions from each party.
• Going to invest money in unequal shares, improvements, or renovations on the property.
• Buying a property with a mortgage, where one or more borrower(s) will not be a legal proprietor.
• Unable to buy the other owner out and want to surrender your share.

Arrange a Free Deed Consultation

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