Whatever Life Brings, Your Property Rights Stay Protected

 
17/06/2025
5 min read

Buying a home is one of the biggest milestones in life. Whether you’re doing it solo, with a partner, or investing alongside family or friends, the last thing you want is for future uncertainty to put your financial share at risk.

Life happens. Relationships shift. People grow apart, or financial situations change. That’s why protecting your property rights isn’t just smart—it’s essential. With a legal agreement like a Deed of Trust, you can ensure your investment stays secure, no matter what life throws your way.

Why Property Ownership Needs Protection

When you buy a property with someone else—be it a partner, sibling, friend, or even a business associate—you’re entering into a shared financial commitment. But not all joint ownerships are created equal.

In many cases, one party contributes more to the deposit or mortgage. Other times, a family member might chip in without officially being on the title. Without a formal agreement, it’s unclear who owns what—and courts won’t simply take your word for it.

Real-life example:

Imagine you and your partner buy a flat. You pay 80% of the deposit, and your partner pays 20%. You both pay half of the mortgage. Ten years later, the relationship ends and you sell the property. Without a Deed of Trust, the law may assume equal ownership—potentially leaving you with far less than what you put in.

A Deed of Trust: Your Ownership Safeguard

A Deed of Trust, also known as a Declaration of Trust, is a legally binding document that records the financial arrangement between co-owners of a property. It outlines:

  • Each party’s financial contributions (deposit, mortgage, etc.)
  • Ownership percentages
  • What happens if one owner wants to sell, move out, or stops contributing
  • How sale proceeds will be divided
  • Arrangements for paying bills, maintenance, or renovations

With this document in place, your share of the property is clearly defined and legally protected—even years after the fact.

What Happens Without One?

No Deed of Trust = legal grey area.

If there's a dispute about who owns what, courts rely on the Land Registry and any available evidence. If you hold the property as joint tenants, the law assumes equal ownership. If you're tenants in common, you may each own different shares—but without a deed, there’s still ambiguity about what those shares are.

This lack of clarity can lead to:

  • Costly court battles
  • Broken relationships
  • Financial loss
  • Long delays in property sale or transfer

Bottom line: Without proper documentation, your financial interest is vulnerable.

Key Situations Where You Need Protection

You should seriously consider a Deed of Trust if:

1. You’re Contributing Unequally

One person pays more towards the deposit, mortgage, or renovations. This needs to be recorded to prevent future disputes.

2. You’re Getting Help from Family

Parents helping with a deposit? That contribution needs to be defined in writing—especially if they’re not on the title.

3. You’re Buying with Friends or Siblings

Even in close-knit relationships, money matters can cause tension. Clarifying ownership and responsibilities avoids future fallout.

4. You’re Not Married or in a Civil Partnership

In the UK, unmarried couples don’t get the same legal protections as married ones. There’s no such thing as a "common law spouse" under English law.

5. You’re Investing for Rental or Business

If you and another party are purchasing a buy-to-let or investment property, set the terms from the start. It protects both profit and peace of mind.

Fixed vs Floating Ownership Shares

Fixed Shares

Most Deeds of Trust assign fixed ownership shares. For example:

  • You contribute 70% of the deposit.
  • Your co-owner contributes 30%.
  • You agree that sale proceeds will be split the same way, regardless of what happens in the future.

Floating or Variable Shares

This more flexible model adjusts ownership based on ongoing contributions. If one party pays more into the mortgage or property improvements over time, their share increases accordingly.

This is ideal if contributions are likely to evolve—such as when one partner plans to pay more in the future or one person handles renovations.

What Can a Deed of Trust Include?

Depending on your situation, your Deed of Trust might cover:

  • Initial contributions (deposit amounts, legal fees, stamp duty)
  • Ownership shares (e.g. 60/40 or 75/25)
  • Ongoing payments (mortgage, utilities, insurance)
  • Exit strategy (how to sell, what triggers a sale, right of first refusal)
  • Repayment of family loans or gifts
  • Renovation clauses (how improvements affect ownership)

You can tailor it to your exact needs.

How to Get One in Place

Getting a Deed of Trust doesn’t need to be complicated:

Step 1: Agree on Terms

Sit down with your co-owners and agree on:

  • Who paid what
  • Who will pay what going forward
  • What should happen if someone wants to sell or leave

Step 2: Speak to a Solicitor

An experienced solicitor will:

  • Draft the agreement
  • Ensure it’s legally enforceable
  • Register it with the Land Registry if needed
  • Align it with your mortgage (some lenders require approval)

Step 3: Keep It Updated

If circumstances change, your deed can be amended with mutual consent. This keeps your arrangement relevant and fair.

What If You Already Own the Property?

No problem. You can still create a Deed of Trust even after buying. In fact, it’s highly recommended if:

  • One party recently made a large renovation contribution
  • A new person is moving in and contributing financially
  • A couple’s relationship status has changed (e.g. breakup or reconciliation)
  • You’re refinancing or remortgaging

It’s never too late to protect what’s yours.

Combine It with a Cohabitation Agreement

If you’re living with someone (especially a romantic partner), consider pairing your Deed of Trust with a Cohabitation Agreement. This broader document can also outline:

  • How bills are shared
  • What happens to shared possessions
  • Responsibilities for maintenance
  • Exit strategy if the relationship ends

Together, they offer a more complete safety net.

Protecting Property in Unpredictable Times

Life is full of curveballs. People lose jobs. Relationships change. Illness happens. Planning for the “what ifs” doesn’t mean you’re being pessimistic—it means you’re protecting your future.

A Deed of Trust gives you legal control over what you’ve put into a property. It protects you not just from others—but from misunderstandings, mistakes, and the unknown.

Final Word: Don’t Leave It to Chance

Protecting your property rights is one of the smartest financial moves you can make. Whether you’re in love, starting a business, or just trying to get on the property ladder with friends—having your agreement in writing keeps everything clear, fair, and legally secure.

So whatever life brings—divorce, disagreements, or just plain change—you’ll know your property share is safe.

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