Protecting Your Property Rights: The Full Timeline Every Deed of Trust Should Cover

 
16/06/2025
5 min read

Buying property with another person — whether it's a partner, friend, family member, or investor — is a major financial decision. And like all big investments, it deserves proper protection.

That’s exactly what a Deed of Trust (or Declaration of Trust) does: it safeguards your share of the property across every stage of ownership. Not just at the beginning, but throughout the entire lifespan of the property relationship.

In this guide, we’ll walk you through the full timeline of events every Deed of Trust should cover — from the first deposit to final sale — and show you how to futureproof your rights at every step.

Why a Deed of Trust Matters

When more than one person owns a property, things can get complicated — fast. A Deed of Trust helps:

  • Protect unequal financial contributions
  • Prevent ownership disputes
  • Provide clarity during major life events like breakups, renovations, or refinancing
  • Offer legal protection when someone passes away

It sets the terms clearly and in writing so that everyone knows where they stand — and stays protected.

The Deed of Trust Timeline: What to Cover at Every Stage

Here’s a timeline of key milestones in the property ownership journey — and what your Deed of Trust should include to cover each one.

1. Before Completion: The Purchase Phase

What’s happening:

  • Deposit is paid
  • Legal fees and stamp duty are covered
  • Family members may be gifting or loaning money

What to include in your Deed of Trust:
Each party’s financial contributions
Treatment of gifts or loans (repayable or not?)
Initial ownership shares
Whether ownership is fixed or variable (a Floating Deed of Trust)

This is your first opportunity to lock in your investment.

2. Move-In Day: The Start of Co-Ownership

What’s happening:

  • You get the keys
  • The mortgage begins
  • You start living together (or renting it out)

What to include:
Who is responsible for the mortgage and bills
How ongoing payments affect ownership (do they increase someone’s share?)
Who pays for running costs, maintenance, and insurance
What happens if one party can’t keep up payments

This keeps things fair and prevents future “but I paid more!” arguments.

3. Renovations and Home Improvements

What’s happening:

  • One party invests in a new kitchen, extension, or repairs

What to include:
Who paid for what improvements
Whether those contributions affect ownership shares
How property value increases will be handled
If shared costs are split equally or proportionally

Home upgrades should add value, not add conflict.

4. Life Changes: Relationships, Jobs, Income

What’s happening:

  • One owner’s financial situation changes
  • You get married, divorced, or welcome a new baby
  • Someone wants to live elsewhere

What to include:
Whether new partners can live in the property
How changes in contribution affect shares
Whether a buyout is allowed (and how it works)
A timeline for review or update of the Deed

Life changes. Your Deed of Trust should be flexible enough to adapt.

5. Renting Out or Generating Income

What’s happening:

  • You decide to let the whole property
  • Or just a room (e.g. via Airbnb)

What to include:
Permission to rent or take in lodgers
Division of rental income
Responsibilities for managing tenants
Agreement on wear and tear or damages

Turn income into a shared benefit, not a source of tension.

6. Refinancing or Further Borrowing

What’s happening:

  • You remortgage the property
  • Or release equity for other purposes

What to include:
Agreement for refinancing decisions
Who benefits from released equity
Whether this alters ownership
Who is liable for additional debt

Refinancing without agreement can lead to major issues down the line.

7. Selling the Property

What’s happening:

  • One or both parties want to sell
  • The property is valued and put on the market

What to include:
When and how a sale can be triggered
Who gets what from the sale proceeds
Deductions for unpaid loans or costs
If one party can buy out the other (and how value is set)

Selling should be simple — not stressful. A clear plan helps.

8. Death or Inheritance

What’s happening:

  • One co-owner dies
  • Their share of the property needs to be dealt with

What to include:
Who inherits that person’s share (the other owner, their family, or their estate?)
Whether the surviving owner has first refusal
If life insurance affects repayment or equity
How probate interacts with the Deed of Trust

This ensures loved ones are protected — and avoids future legal mess.

9. Disagreements or Exit Strategy

What’s happening:

  • A dispute arises
  • One party wants out

What to include:
Agreed dispute resolution method (e.g. mediation before court)
Timeline and process for exiting the agreement
How to handle forced sale or share transfers
How updates or amendments to the Deed are made

A peaceful property exit is possible — if you’ve planned for it.

How Often Should You Update Your Deed of Trust?

You should review your Deed of Trust:

  • After major life events (marriage, job loss, inheritance)
  • When contributions change
  • Before refinancing or selling
  • At least every few years to ensure it still reflects reality

The best Deeds are living documents — tailored to evolve with you.

What Happens If You Don’t Have One?

Without a Deed of Trust:

  • Disputes often end up in court
  • It’s harder to prove your contribution
  • Inheritance may not go where you intend
  • Unequal arrangements can be overlooked

Even if you trust the person you’re buying with — and especially if you're unmarried — a Deed of Trust is your legal backup.

Conclusion: Secure Your Property Timeline

Your property journey doesn’t stop at the sale contract. It’s a winding road — with mortgages, life events, and financial twists along the way. A well-drafted Deed of Trust protects your rights from day one to day sold.

It’s more than just a document — it’s your property safety net.

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