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Amelia Fernley, Trainee Solicitor at Sinclair Law Solicitors, looks at Declarations of Trust for cohabiting couples and explains their importance in setting out ‘who gets what’ in the event of a break-up, meaning that a dispute could be avoided. Our expert family lawyers can help draft a Declaration of Trust that best suits you and offer a free initial chat for all new clients.
According to the 2021 census, approximately 60% of the population live in a couple and around one in five of those are unmarried. This is more common at younger ages; over two-thirds of people aged 16 to 29 years who are cohabiting are unmarried.
For cohabiting couples who own a property together, although it may seem unromantic, it is important to understand the ownership of their property during the relationship and what would happen if they were to separate.
There are different ways in which a property can be owned. There is the option to be ‘Joint Tenants’ whereby each party owns the property equally on a 50/50 basis regardless of the circumstances. There is also the option to be ‘Tenants in Common’ whereby the ownership in the property can be divided in differing percentages, which may be a reflection of initial contributions to the house deposit or higher mortgage payments.
When purchasing a property it is very important to take advice, as the default position is often Joint Tenants which may not reflect the parties’ intentions, but can cause significant problems if the relationship breaks down.
For parties who aren’t married or in a civil partnership, it is sensible to make a Declaration of Trust. A Declaration of Trust can specify exactly what share of the equity you are entitled to if the property is sold or should one party wish to buy the other out.
For example, one party may be funding a larger proportion of the deposit from funds loaned to them by their parents. In such circumstances this party may feel strongly about receiving the exact funds back on the sale of the property. This can be documented and protected in a Declaration of Trust.
The main points set out in a declaration of trust are: –
A Declaration of Trust is something that can be done at the start of a cohabiting relationship as a protective measure to ensure that everyone receives their rightful financial share of the property.
If you are a cohabitating couple and wish for us to assist you with the creation of a Declaration of Trust, or have any other queries, please feel free to contact us using the form or call us on 01625 526 222.
We offer all new clients a free initial chat with one of our experienced and friendly lawyers over the phone, in person or by video call.
Amelia Fernley, Trainee Solicitor, Sinclair Law Solicitors
Article “Declaration of Trust for cohabiting couples”