A document that conveys legal title to real property to a trustee for the purpose of serving as collateral for a loan made by a lender to a borrower. The borrower owns the real estate on an equitable basis.
https://steptochanges.com/trust-deed/
2. Buying a property is an exciting step – albeit a stressful
one. Whilst some people can afford to buy a property
alone, it is common for more than one party to be
involved. Whether you are buying with a friend, moving in
with a partner or receiving financial support from your
parents, adding multiple individuals to a purchase can
make it a lot more complex.
This is especially true where there is not a clear 50/50
financial split between the parties. Perhaps one person
has a larger initial sum to invest, or another will be
contributing more to the monthly mortgage repayments.
3. In these cases, it is important to have legal clarity
around just how much each person owns. What is
Deed of trust UK – also known as a Deed of Trust – can
help to avoid uncertainty and prevent disputes further
down the line.
What is a Declaration of Trust?
In UK property law, a Deed of trust UK is a legal
document stating that one person holds the property
on trust for others.
4. Whilst there will be a registered owner of the property,
the Deed of Trust establishes the true ownership and
how it is divided between different parties. It sets out
the financial arrangements between those with an
interest in the property, for example in the case of
cohabiting couples, joint tenants or tenants in
common. It will specify exactly how much each
person has invested and what each will get back if
the property is sold or one person buys out another.
5. This clarification at the outset means that each party
knows where they stand in terms of their initial or
ongoing investment in the property. In a situation
where parents are investing money into the property
to enable child to afford the full deposit, the Deed of
trust UK will set out how much money will be repaid
and under what conditions.
6. Whether you are buying a property with someone else as
co-owners, or receiving financial help from a third party,
a Deed of trust UK is an essential document. Although the
initial financial arrangements may be cordially agreed at
the point of purchase, the long term financial picture
may require more clarification:
7. What if you split up with your partner – how will you
ensure the property is split fairly between you?
Drawing up a Deed of trust UK sets clear boundaries that
enable everyone to understand the agreed ownership
position. It protects those who are investing more money
from legal disputes if they expect to receive a larger
portion of any future sale proceeds.
8. Buying your first property with a partner can be a
daunting commitment. It may make financial sense, but
there is also an element of risk if things do not work out.
For example, what should happen if one party
contributes a larger percentage of the deposit, but
ongoing mortgage repayments will be split evenly? In this
scenario, the Deed of trust UK may stipulate that when
the property is sold, if the couple then wish to split their
finances, they will each receive their initial deposit and
then divide the remainder 50/50.
9. It may be the case that one of the couple’s parents
are contributing a fixed sum to help raise enough for
the deposit. In this instance, a Deed of trust UK could
provide that those parents will receive that money
back when the property comes to be sold, if the
couple were to split up.
Considerations for joint tenants and for tenants in
common
10. When buying a property with someone else, it is
important to decide whether you wish to buy as “joint
tenants” or as “tenants in common”. As joint tenants,
each person owns the property as a whole, with neither
party owning a specific share. Upon sale, the profit would
be automatically split 50/50, regardless of each co-
owners’ investment, and if one co-owner were to die, the
entire property is automatically transferred to the survivor.
This is a simple solution for a couple who wish to leave the
property to the other upon death.
Conversely, as tenants in common, both parties own a
specific portion of the property, as agreed between
them. This may well be 50/50, but not necessarily. This
arrangement provides more flexibility for complex
situations, which may involve children from another
marriage.
11. A Deed of trust UK is invaluable for both joint tenants and
tenants in common. For joint tenants, it will set out how
the joint tenancy can be severed, should the co-owners
choose to go separate ways. And for tenants in
common, it draws out exactly what investment each has
made, what percentage of the property they therefore
own, and how each will benefit from the sale of the
property.
12. Before setting up a Declaration of Trust, you will want to
calculate the proportion of the property that will belong to
each co-owner. Consider all the costs involved in the
purchase and how these have been divided. Both parties
must complete the Declaration of Trust, so it is vital you both
agree on the particulars. The trust document will then be
completed and dated on the date of completion of the
property purchase. It will typically also be registered against
the title of the property at the Land Registry, so that future
buyers are aware of who the property truly belongs to (and
to whom the sale price should be paid).
Financial disputes, especially over property ownership, can
be complex and emotional, as well as being costly. By
setting up a Declaration of Trust, each owner is therefore
taking steps to protect their investment.