general

Declaration of trust property: buying a house with a friend or unmarried partner

Buying a house with a friend or unmarried partner in England and Wales: how a declaration of trust sets your shares and how an exit usually works.

4 min read
Last reviewed 4 November 2026
By Your Property Check team

Part 1 of 7

Why friends and partners need one

General information, not legal advice. We read the pages below on 4 November 2026. They cover England and Wales.

When two people buy together, the register at HM Land Registry names both as legal owners. HM Land Registry's practice guide says the register shows legal ownership, not beneficial interests, and that the registrar is not treated as having notice of a trust. It follows that the register does not record who put in what. If you want unequal shares, the usual tool is a written declaration of trust.

Citizens Advice says that, generally speaking, you have fewer rights if you are living together than if you are married. It says couples who live together can make a living together agreement, and that they should also make a legal agreement about how they share their property, which it calls a declaration of trust. A friend buying with a friend is in a similar position.

Part 2 of 7

Two ways to own together

Both GOV.UK and Citizens Advice describe two kinds of joint ownership. You choose when you buy.

Feature	Joint tenants	Tenants in common
Shares	Equal rights to the whole property, no separate shares	Each owns a share, which can be unequal
Selling or mortgaging	Citizens Advice says you cannot re-mortgage or sell without the agreement of the others	You can give away, sell or mortgage your own share
On death	Passes automatically to the other owners	Can be left to anyone in a will

For friends, a tenancy in common with stated shares is common, because the shares and the will rules are clearer. Our guide to tenants in common and joint tenants goes through the choice. Citizens Advice advises taking legal advice on the best type of ownership for you.

Part 3 of 7

What a declaration of trust says

HM Land Registry's guide says a declaration of trust states how joint proprietors hold the land: beneficially as joint tenants, as tenants in common in specified shares, or under another trust. It appears in a declaration panel on the prescribed transfer forms. If the panel is left incomplete, the registrar enters a Form A restriction by default.

On unequal shares, the guide says describing owners as holding "as tenants in common" without stating the shares is unclear. The shares should be specified, for example "on trust for themselves as tenants in common in the following shares". If the division is to be decided later, a separate declaration should set out how.

Form JO is a voluntary form that joint owners can use to declare their trust at acquisition. It must accompany the relevant disposition form such as TP1 or TR1, and each joint owner signs it if panel 5 is completed.

Part 4 of 7

Splitting ownership

A declaration can reflect the deposit each person paid, the monthly mortgage share, or any other split you agree. HM Land Registry's guide does not say which split is right. Choose one that matches what you intend, and write down what happens if one person contributes more later. A solicitor can draft a longer co-ownership agreement that covers repairs and the exit, because the form on its own does not.

Part 5 of 7

The exit: what if one wants out

Start with what you agreed. With tenants in common, Citizens Advice says each owner can sell or mortgage their own share. With joint tenants, the others must agree to a sale, and Citizens Advice says a court order is possible if there is a dispute. GOV.UK says you can change from joint tenants to tenants in common, for example after separation, and that there is no fee for changing the type of ownership. Our article on transferring equity covers the case where one owner buys out the other.

If you are not married and your partner is the sole owner, Citizens Advice says you may have no right to remain if asked to leave, though you may be able to claim a beneficial interest, which is a way of getting a court to recognise contributions you made. That is why a signed declaration is better than relying on a later claim.

Part 6 of 7

Mortgage and tax

A joint mortgage is a separate contract with the lender, so ask the lender what happens if one owner stops paying. For stamp duty, use the stamp duty calculator, and tell your conveyancer if either of you already owns another home.

Part 7 of 7

Checklist

Choose joint tenants or tenants in common before you exchange.
Write the shares into the declaration, not just "tenants in common".
Consider a co-ownership agreement for repairs, payments and the exit.
Keep copies of the declaration and any Form JO.

This page is general information, not legal advice. A solicitor should draft the declaration for your circumstances.

Our take

Write the shares down before you exchange

Our view: the register shows who holds the legal title, not who owns what share, so for friends and unmarried partners the declaration of trust is the document that really protects you. The common mistake is writing "tenants in common" without stating the shares, which HM Land Registry's guide calls unclear. Agree the exit at the start too, while everyone still gets on.

Before you commit, OfferCheck gives a plain-English risk report on the address you plan to buy together, covering crime, flood, planning, tenure and more, with every figure sourced. There is a free snapshot, so you can see what it shows first.

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Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

What is a declaration of trust?

A document that says how joint owners hold a property beneficially, for example as tenants in common in stated shares. HM Land Registry says the register shows legal ownership and not beneficial interests, so the declaration records the split.

Do unmarried couples have property rights?

Citizens Advice says that generally speaking you have fewer rights if you live together than if you are married. Rights depend on who owns the home and what you agreed, which is why it recommends a declaration of trust.

How do you split ownership between friends?

As tenants in common you can hold unequal shares. HM Land Registry says the shares should be specified in the declaration rather than just stating tenants in common. A solicitor can help you choose a split.

What happens if one owner wants out?

It depends on what you agreed. Citizens Advice says tenants in common can sell or mortgage their own share, and joint tenants need the agreement of the others, with a court order possible in a dispute.

Is a declaration of trust on the public register?

HM Land Registry says trust details should be kept off the register as far as possible, and in limited cases a description may be entered for information only. The related documents can be inspected or copied, subject to exemptions.

Where this comes from

Sources

Last reviewed 4 November 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.