Private Client
If you are buying a home together with different deposits or family help, it is important to record what you intend. We advise unmarried couples on property ownership and declarations of trust, including how the arrangements should work if the home is sold, the relationship ends or one owner dies.
Understanding your next steps
A declaration of trust can record the beneficial interests in a property. This is particularly useful where contributions differ or a deposit is to be dealt with in a particular way. The wording should match the intended outcome, including how changes in value or mortgage debt are treated.
Discuss mortgage payments, improvements, sale costs and what happens if one person wants to leave. A cohabitation agreement can address wider living arrangements. Recording these decisions at the start gives you both a document to return to when circumstances change.
Joint tenants and tenants in common have different consequences on death. A declaration of trust does not replace a will. We help you consider the documents together and identify any lender, conveyancing or tax issues before ownership is changed.
A clear way forward
Bring the title or purchase details, mortgage information, proposed contributions and any evidence of family gifts or loans.
We discuss the intended shares and practical scenarios, including sale at a gain or loss and one owner buying out the other.
We prepare or review the agreed legal arrangements and explain signing, related property work and the need for independent advice where interests differ.
Planning ahead
Fees depend on the terms, number of owners and whether the work includes a new purchase or a change to existing ownership. Conveyancing, lender requirements, tax advice and Land Registry work may need separate estimates.
Raise ownership arrangements early in a purchase, before exchange of contracts. Existing ownership can also be reviewed, but lender consent, tax advice and negotiations may affect the time needed.
Read our published Price Guide, then contact us to confirm the work you need and the costs involved.
View Price GuideUseful to know
Do not assume it does. The ownership documents and legally relevant evidence matter. A clear declaration of trust can record the intended arrangement before a disagreement develops.
Joint tenants have rights to the whole property and ownership passes to the survivor on death. Tenants in common hold shares that can pass under a will. The right choice depends on your plans.
Not necessarily. A property trust records beneficial ownership; a cohabitation agreement can cover wider matters such as living costs and separation arrangements. We can explain which documents your situation calls for.
Possibly, but changing beneficial ownership can have tax, mortgage and legal consequences. Get advice before transferring an interest, especially where money changes hands or an existing dispute has arisen.
General information for England and Wales. Contact us for advice about your circumstances.
SJS Solicitors · Balham
