Deed of trust – flexible written agreement

Circumstances change.

What is a deed of trust?

and how to get one

What is a deed of trust?

A deed of trust is a written agreement about property. It can be used many different scenarios such as:

when you have a gifted deposit from a parent or friend;

if you’re moving in together and you each have different amounts of capital invested; and

where you’re splitting up and have agreed to postpone the sale of the family home whilst there are dependent children.

Choose a situation to find out more about the ways in which a deed of trust can help you.

Gifted deposit

A deed of trust can help secure the gift of money to just one individual when two people are buying a property together. For example, a parent may want to gift some or all of a deposit to their child but not to the child’s partner.

Loaned deposit

A deed of trust can help secure the loan of money towards the purchase of a property. For example you might want to lend deposit money to a friend or relative and ensure that you will be repaid on the sale of the property.

Buying from an elderly parent

An elderly parent might want to sell their property to their adult child for market value but remain living there. A deed of trust offers protection to the parent and the opportunity to save capital gains tax for the child.

Separation/ divorce

Many people prefer to keep the family home until the children are independent and then sell and divide the proceeds. A deed of trust is very useful for setting out details of the agreement and will usually result in a saving of capital gains tax.

Transfer into joint names

Moving in together does not mean you have to share the equity equally and there may be very good reasons you don’t want to. For example if you have a child from a previous relationship or inherited money.

Ready to go ahead?

Pop your details over to us using the form below

Contact me about a deed of trust

Contact me about a deed of trust

Thank you for your interest in my services. If you let me have the information requested below, I will do my best come back to you within 1 working day, Monday to Friday excluding public holidays.

Contact details

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Name
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Property details

Is the property in England or Wales?

It is only possible to create a deed of trust when all of the owners agree to it.

The areas you will need to agree on are:

  1. How much the property is worth;
  2. How much is currently outstanding on any mortgage (if you are in the process of buying the property this will be the amount that is being drawn down on completion day plus any penalties for early repayment etc.);
  3. How much each owner/person involved with the agreement, has paid towards the deposit and other purchase costs – stamp duty, legal fees and so on;
  4. Who is going to live in the property;
  5. Who is initially going to pay the mortgage and the bills (or in what shares);
  6. How long you want the agreement to last.
Do all the owners/people involved with this agreement, agree on the points listed above?
Do you consent to being contacted by email to arrange a free consultation?

Nicola is happy to announce that she will be joining Taylor Rose MW on 12th July 2022 as a consultant solicitor