29 May 2026 · 5 min read
The short answer
No, you are not legally required to use a solicitor. A declaration of trust is valid as long as it is in writing and signed by the person declaring the trust (section 53(1)(b) of the Law of Property Act 1925). In theory you could write one yourself or use a template. In practice, for most people, a solicitor is money well spent.
Why most people use one anyway
A declaration of trust is the document that decides who gets what if things go wrong, so it pays to get it right. A solicitor will:
- make sure it reflects what you actually intend, in wording that holds up;
- cover the scenarios you might not think of - mortgage liability, what happens on sale, separation, or death;
- make sure it matches how you hold the property at the Land Registry (see joint tenants vs tenants in common);
- reduce the risk of the document being ambiguous or challenged.
The independent advice point
Where your interests differ - say one of you is putting in far more than the other - it is wise for each of you to take your own independent legal advice. It makes the agreement more robust: it is much harder for someone to later claim they did not understand it or were pressured into it if they had their own adviser at the time.
The risks of doing it yourself
- Getting the shares or wording wrong, creating ambiguity.
- Missing key scenarios such as death, sale, or a buyout.
- Producing something that does not match your Land Registry position.
- Failing to execute it properly, so it does not do what you think.
- Having no adviser to fall back on if it is later disputed.
When DIY might be fine, and when to use a solicitor
A template might be acceptable for the very simplest case: equal everything, small sums, and both of you completely clear on the arrangement. Use a solicitor if any of these apply:
- you are putting in unequal deposits or contributions;
- family money or a loan is involved;
- your shares are complex or will change over time;
- there are children from a previous relationship to protect;
- significant sums are at stake (for most homes, they are).
The bottom line
You can legally do it yourself, but for a few hundred pounds (see our cost guide) a solicitor turns a risky DIY document into one you can rely on. Whichever route you take, keep a clear record of your contributions so the document stays accurate as the years go by.
This article is general information about the law in England and Wales, not legal advice. For your own situation, speak to a qualified solicitor.
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