29 May 2026 · 5 min read
The short version
Getting a declaration of trust is more straightforward than people expect. If you are buying a home, it is usually done alongside your conveyancing; if you already own one, it can be done as a standalone job. Here is the whole process, start to finish.
The process, step by step
- 1Decide how you will hold the propertyFor unequal shares you want to hold as tenants in common, not joint tenants. This is the foundation the declaration of trust sits on.
- 2Agree your shares and what countsSettle who owns what percentage, how the deposit is treated, and how mortgage payments and improvements affect things, and what happens on a sale, separation, or death.
- 3Instruct a solicitorMost people use a solicitor (often the same one handling the purchase). You can use a template, but for anything beyond the very simplest case it is a false economy.
- 4Draft and reviewThe solicitor drafts the document to reflect what you agreed. Where your interests differ, it is wise for each of you to take independent advice.
- 5Sign and execute as a deedYou both sign, with the signatures witnessed, and the document is executed as a deed so it is formally binding.
- 6Register the position at the Land RegistryIf you hold as tenants in common, a Form A restriction is entered on the title to reflect that the property is not held as joint tenants.
- 7Keep it (and your records) up to dateStore the signed deed safely, and keep a running record of contributions so the document still reflects reality years later.
How long does it take?
When it is part of your purchase, it usually adds little time, as it runs alongside the conveyancing. As a standalone job it often takes a week or two, depending on how quickly you agree the terms and how busy your solicitor is. The thinking - agreeing your shares - is usually the part that takes longest, not the paperwork.
What it costs
Budget a few hundred pounds for a solicitor-drafted document; see our guide to declaration of trust costs for the detail, and do you need a solicitor if you are weighing up DIY.
The bottom line
The process is simple: agree your shares, have a solicitor put it in a properly executed deed, and register your position at the Land Registry. The work that makes it worthwhile comes afterwards - keeping an honest record of what each of you puts in, so the document still means something if you ever need it.
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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