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Declaration Of Trust Joint Tenancy Template for Ireland

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Key Requirements PROMPT example:

Declaration Of Trust Joint Tenancy

"I need a Declaration of Trust Joint Tenancy for a residential property in Dublin that I'm purchasing with my sister in March 2025, where I'm contributing 70% of the purchase price and will be the only occupant, but we want equal beneficial ownership."

Document background
A Declaration of Trust Joint Tenancy is a crucial legal instrument used in Ireland when two or more parties wish to formally document their joint ownership of property. This document is particularly important when parties acquire property together and need to establish clear legal rights and responsibilities. It is commonly used in both residential and commercial property contexts, whether between family members, business partners, or other co-owners. The declaration must comply with Irish property law, particularly the Land and Conveyancing Law Reform Act 2009, and should be registered with the Land Registry where appropriate. The document typically includes details about financial contributions, property management, decision-making processes, and importantly, establishes the right of survivorship characteristic of joint tenancies. It serves as crucial evidence of the parties' intentions regarding property ownership and can help prevent future disputes.
Suggested Sections

1. Parties: Identifies all parties to the declaration, including the legal owners (trustees) and any beneficiaries

2. Background: Sets out the context of the declaration, including details of property acquisition and the intention to hold as joint tenants

3. Definitions: Defines key terms used throughout the document

4. Declaration of Trust: The formal declaration establishing the trust and confirming the property is held as joint tenants

5. Property Details: Specific details of the property subject to the trust, including the legal description and title information

6. Nature of Joint Tenancy: Explains the right of survivorship and other characteristics of joint tenancy

7. Contributions: Details of financial contributions made by each party towards the purchase price and ongoing costs

8. Management and Decisions: Procedures for making decisions about the property and its management

9. Expenses and Outgoings: How property-related expenses will be shared between the parties

10. Execution: Formal execution clause and signature blocks

Optional Sections

1. Mortgage Provisions: Include when the property is subject to a mortgage, detailing how mortgage payments will be handled

2. Occupation Rights: Include when parties have specific arrangements about who can occupy the property and when

3. Sale Provisions: Include when parties want to specify circumstances and procedures for forcing a sale

4. Relationship Breakdown Provisions: Include when the joint tenants are in a personal relationship and want to address property division in case of relationship breakdown

5. Third Party Rights: Include when there are third parties with specific rights or interests in the property

6. Death Provisions: Include when parties want to include specific provisions about what happens on death beyond standard survivorship

7. Insurance Requirements: Include when specific insurance arrangements need to be documented

Suggested Schedules

1. Schedule 1 - Property Description: Detailed legal description of the property including title number and registered details

2. Schedule 2 - Financial Contributions: Detailed breakdown of initial and ongoing financial contributions by each party

3. Schedule 3 - Party Details: Full names, addresses and other relevant details of all parties

4. Appendix A - Copy of Title Documents: Copies of relevant title documents from the Land Registry

5. Appendix B - Property Plans: Plans or maps of the property if relevant

6. Appendix C - Mortgage Details: Details of any mortgage or charge over the property

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Legal Services

Real Estate

Banking & Finance

Property Management

Residential Property

Commercial Property

Financial Services

Professional Services

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Relevant Teams

Legal

Real Estate

Property Management

Conveyancing

Asset Management

Trust Administration

Risk & Compliance

Property Services

Document Management

Relevant Roles

Property Lawyer

Real Estate Attorney

Conveyancing Solicitor

Property Manager

Estate Agent

Mortgage Advisor

Legal Executive

Property Rights Specialist

Trust Administrator

Real Estate Consultant

Property Investment Advisor

Legal Counsel

Title Officer

Land Registry Officer

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