Is your interest in your property protected in the event of a breakup?
More than ever before couples are buying their first home together before marriage –...Back to News and Events
More than ever before couples are buying their first home together before marriage – with over 3.2 million cohabiting couples in the UK last year alone.
Buying a house together is an exciting time and nobody wants to ruin the romance by making provisions in case the relationship comes to end. However, the financial consequences can be severe if you have not taken the necessary steps to protect your interest in the property. The simplest and easiest way to do this is to create a declaration of trust between you and your partner.
What is a Declaration of Trust?
A Declaration of Trust is a binding contract which outlines the names of the parties who hold an interest in the property, along with the proportion of their share. These can be as simple or as complex as you require.
When would I need one?
There are two ways in which a property can be jointly owned:
Whenever a property is held as tenants in common, it is always advisable to have a Declaration of Trust in place to outline and protect your share in the property.
An example scenario of this might be:
What happens to your £10,000?
Another common scenario might be:
Again, what happens to your £10,000?
In both situations, without a Declaration of Trust, you would have no automatic right to your money and would therefore risk losing thousands of pounds. Equally, if the property is in your partner’s name and they pass away without making a Will, then it will fall to their next of kin. By putting a Declaration of Trust in place you are safeguarding your financial interest in the property and ensuring that, should anything happen, you are entitled to get your money back.
If you feel that you need to protect your interests and want that added peace of mind, then call Poole Alcock today at any of our Cheshire based offices. Our team of friendly specialist solicitors are on hand help you with the advice you need.