A Declaration of Trust Tenants in Common is essential when two or more people purchase property together in England and Wales but wish to own it in specific shares rather than equally. This document becomes particularly important when co-owners contribute different amounts to the purchase price, ongoing costs, or want to ensure their share passes to their chosen beneficiaries upon death. It provides clarity on ownership rights, responsibilities for maintenance and mortgage payments, and procedures for future sale or transfer of the property. The declaration helps prevent future disputes and provides clear evidence of the parties' intentions regarding property ownership.
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1. Parties: Details of trustees and beneficiaries
2. Background: Circumstances leading to creation of trust and property details
3. Definitions: Key terms used throughout the document
4. Declaration of Trust: Formal declaration of beneficial ownership shares
5. Property Details: Legal description of property subject to trust
6. Beneficial Interests: Specification of ownership percentages
7. Trustees' Powers and Duties: Legal obligations and authority of trustees
1. Sale Provisions: Procedures and arrangements for selling the property, including right of first refusal and valuation methods
2. Occupation Rights: Rights and conditions for occupying the property, including exclusive occupation arrangements
3. Mortgage Provisions: Arrangements for mortgage payments and responsibilities between co-owners
4. Death Provisions: Arrangements upon death of a beneficiary including succession rights and buy-out provisions
1. Schedule 1: Property Description: Detailed legal description of property including title number and address
2. Schedule 2: Contribution Schedule: Details of initial and ongoing financial contributions by parties
3. Schedule 3: Maintenance Obligations: Breakdown of maintenance responsibilities and cost-sharing arrangements
4. Appendix A: Property Title: Copy of property title documents and relevant land registry entries
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