Declaration of Trust - Registering Ownership

[Genuine Barn Find]

Some advice appreciated please.

Wifey and I have just bought a house - no mortgage, straight cash purchase (which may or may not be relevant).
Because I’ve put a significant amount of my own cash into the house we have agreed, that in the unlikely event that we go out separate ways and sell the property, this money will be ring fenced and protected; the remaining proceeds from the sale being split 50:50.
This can all be done via a declaration of trust, but our solicitor is now saying that this didn’t form part of the original conveyancing quote (we thought we had been clear from the start).

Either way, they want to relieve us of another £450 + VAT. The amount is a fair bit, but in the grand scheme of things nothing compared to what we have shelled out already. However, It’s got my back up a bit.

Is it possible to do a declaration of trust yourself and then pass the paperwork to the solicitor to register the property as tenants in common? I’m not legally up to speed, but has anyone PH done something similar, and if so how?

Many thanks in advance

[anonymous-user]

You could prepare a declaration of Tenancy in Common yourself but there are a number of risks which include,

• Making a small slip which renders it unenforceable
• The other party saying it shouldn't be enforced because they didn't have the benefit of a solicitor's advice to understand what they were signing.
• Failing to register an appropriate Restriction (protects the joint split after the death of one joint owner).

https://www.gov.uk/government/publications/private...

At the start of your conveyancing there will/should have been a letter from the solicitor setting out the work being undertaken and enclosing terms and conditions. Did that letter say "buying a house" or "buying a house and doing a declaration of trust"?

[Genuine Barn Find]

Thanks for the reply!
Not sure about the solicitors letter at the start. I’ll double check. I’m adamant I’d had the conversation about how the property was to be registered, but as it’s (potentially) not in writing it might well be one that I have to suck up (or get a quote elsewhere)

[2 GKC]

You can do it yourself, it’s just a template to fill in. Given you’re married though i suspect it won’t be worth the paper it’s written on should you split and it’s not amicable.