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Joint ownership & declarations of trust

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When buying a property with someone, there are two main joint ownership options to choose from. You will normally own the property as either joint tenants or tenants in common. Our friendly conveyancing lawyers can help guide you through the process and ensure you select the right option for your needs. Where appropriate, we can work with our tax planning colleagues to ensure that all relevant tax considerations are taken into account.

Kim has truly been exceptional in helping us with our house move. Her diligence and attention to detail made sure that no stone was unturned. It was a complicated house purchase and her knowledge and also her recommendations on who to work with and what to do at every turn were invaluable.

What does it mean when you own a property as joint tenants?

As joint tenants, all people involved own the property in equal shares. The key elements to this type of ownership is that if one of the owners dies, the property will automatically pass to the other owner or owners. This will be the case even if you have a will, which leaves your share of a property to someone else.

What does it mean when you own a property as tenants in common?

As tenants in common, each person involved will own a certain share of the property, perhaps to reflect each person’s contribution to purchasing the property or if friends or siblings are buying a property together. In this type of tenancy, if an owner dies, their share in the property will not automatically pass on to the other tenants, but instead will pass on as laid out in their will (or according to the rules of intestacy if they do not have a valid will).

What is a declaration of trust?

Many people also wish to record aspects such as who paid a greater part of the deposit as well as set out how the proceeds will be split when the property is sold. A declaration of trust is a legally binding document that sets out these aspects and can also include things such as who will pay what share of the mortgage and what should happen if one person wants to move out. Our Family department also has extensive experience in assisting clients with wider cohabitation agreements.

How can we help

Buying or selling a home can be the largest investment you make; so you want to make sure you get expert property advice and the best value for money. Our highly respected residential property and conveyancing team is one of the largest and most experienced in Kent, serving client across the South East, London and nationally.

We know that moving house can be stressful. With us, you will have your own dedicated lawyer to help the transaction run as smoothly and quickly as possible.

With a broad range of property conveyancing legal know-how we provide an efficient, personal and informative service to our clients in the following areas:

  • Freehold and leasehold – sales, purchases, mortgages and re-mortgages
  • High value properties (including large country homes and prestigious London properties)
  • Listed buildings
  • Holiday homes and investment properties
  • First time buyers
  • Executor and attorney sales
  • Court of Protection sales and purchases
  • New-builds
  • Lease extensions and lease enfranchisement
  • Matrimonial and probate transfers
  • First registrations of title with the Land Registry.

How can we help?





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