What happens when you sell using a deed of trust?

While selling with a Deed of Trust is a bit different than selling as joint tenants, it doesn’t have to be more complicated. The key is that everyone needs to be on the same page, and in agreement to sell the property. Once you’ve got that agreement and the sale goes through, proceeds will be divided up based on the ownership split laid out in the Deed of Trust. If you still have an outstanding mortgage balance, you’ll need to pay that off to your lender from the sales funds too.

Does the Deed of Trust show ownership?

While the Deed of Trust does outline the partnership arrangement and different parties’ interests in a property, it’s not actually proof of ownership itself. That official proof comes from the Title Deeds held by the Land Registry.

Can I get a deed of trust after a purchase?

Absolutely, getting a Deed of Trust after purchasing a property is doable. The first move is to get an up-to-date valuation of the property that everyone involved agrees on. Once you’ve got that nailed down, a solicitor can take it from there and formally draw up the Deed of Trust paperwork for you. Then, once the Deed is signed and witnessed by all parties, it becomes an official legally binding document.

Who can witness a Deed of Trust?

The witness needs to be completely independent – they can’t be related to any of the parties signing the deed, and they can’t have any personal stake or interest in the matter whatsoever. They also need to be an adult over 18 above of sound mind and judgement.

What is a Deed of Trust?

Discover how a Deed of Trust can protect everyone's interests when buying a property with family, friends, or partners.

Last updated 25 Nov 2025

Illustration of a stack of paper documents with a potted plant and small lamp to either side.

Key takeaways

A Deed of Trust legally defines how property ownership is divided between co-owners who have contributed different amounts

It's particularly useful for tenants in common rather than joint tenants, as it can reflect unequal ownership shares

The deed can protect individual investments such as deposits, mortgage payments and renovation costs

While you can create one after purchase, it's best to set up a Deed of Trust when buying the property

It must be professionally drafted by a solicitor or conveyancer to be legally binding and enforceable

Deed of Trusts explained

Buying a home with others can be both exciting and complicated. Whether buying with a spouse, family member or friend, having multiple owners involved means ensuring everyone is on the same page about their rights and investments from the start.

If you don’t want to go down the route of joint ownership, that’s where a Deed of Trust comes in – a legally binding agreement that clearly defines each co-owner’s stake in the property.

This guide covers everything you need to know about Deeds of Trust – what they are, why they’re important, how to get one, and what they cover.

Let’s get started.

What is a Deed of Trust on a property?

Think of a Deed of Trust as a fairness agreement between co-owners of a property. A Deed of Trust (also known as a Declaration of Trust) is essentially an agreement that clearly spells out how property ownership is divided up between co-owners. It’s mostly used by tenants in common who have contributed different amounts.

Instead of letting things get messy or confusing down the road, this agreement makes sure everyone is on the same page about their share and contributions. Here are the key things it can cover:

Defining each owner’s precise share (e.g. 60/40 split) based on how much they contributed
The agreed process for selling the property if/when the time comes
How ongoing costs like mortgage repayments, bills, repairs etc. will be divided up

Having this formalised upfront in a legally binding way makes life easier for co-owners. It removes any future head-scratching over who owns what or how profits/expenses should be split.

What is a Deed of Trust?

Discover how a Deed of Trust can protect everyone's interests when buying a property with family, friends, or partners.

Deed of Trusts explained

What is a Deed of Trust on a property?

Contact us