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Sample Property Declaration of Trust

A completed declaration of trust for registered property describing shares, contributions, sale, occupation, lender consent and execution.

Jurisdiction: England and Wales - completed fictional worked example

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Important: This sample provides general legal information only and is not legal advice. Check the law, prescribed forms and signing requirements that apply to your exact jurisdiction and circumstances before use.

# EXAMPLE: PROPERTY DECLARATION OF TRUST

Date: 7 June 2029

Parties: Nadia Patel and Marcus Reed

## 1. Parties and property

This deed is made on 7 June 2029 by Nadia Patel and Marcus Reed, registered proprietors of 15 Linton Road, Cambridge CB1 7QW, title CB445566. They declare that they hold the property on trust for themselves as tenants in common in the beneficial shares stated below, subject to the mortgage.

## 2. Consideration and rights

Nadia's beneficial share is 40% and Marcus's is 60%, reflecting their agreed initial contributions. A later written deed may alter shares; informal payments do not do so unless the parties record the adjustment and obtain any lender consent.

## 3. Conditions and covenants

Mortgage payments, insurance, council tax, utilities and ordinary repairs are borne 40:60. A party paying an agreed capital improvement receives a recorded credit before sale proceeds are divided, but no credit is given for personal labour without written agreement.

## 4. Management and liability

Both beneficiaries may occupy as a home. Sale, letting, refinancing or structural works require both written consent, and each must preserve the property, comply with the mortgage and disclose any conflict. A beneficiary cannot transfer the legal title alone.

## 5. Registration and tax

On a proposed sale, an independent RICS valuation records market value. Either may offer to buy the other's beneficial share within 30 days; otherwise the trustees appoint an agent, repay mortgage and costs, apply approved credits and distribute the balance 40:60.

## 6. Term and effect

The declaration is subject to the registered title, restrictions, mortgage terms and Land Registry practice. The parties will consider a restriction protecting the trust, wills, SDLT, CGT, insolvency and family-law consequences and will obtain independent advice.

## 7. Execution as a deed

Executed and delivered as a deed by NADIA PATEL in the presence of: signature ____________________ witness ____________________. Executed and delivered as a deed by MARCUS REED in the presence of: signature ____________________ witness ____________________. Each witness adds full name and address.

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