template

Declaration of Trust (Tenants in Common)

by
Genie Team
Genie Team
Oct, 10 2023

When to use this template

The Declaration of Trust (Tenants in Common) under UK law is a legal template used to establish a written agreement between joint property owners known as "tenants in common." It outlines the rights, obligations, and interests of each tenant with regards to their shared property in the United Kingdom.

This document serves as a clear and legally binding record of the tenants' intentions and helps prevent potential disputes and misunderstandings. It provides a comprehensive framework, ensuring that the property is managed and owned in an organized and fair manner.

The Declaration of Trust typically contains essential details such as the names and respective ownership shares of each tenant, a detailed description of the property, rules for sharing responsibilities and expenses related to maintenance, repairs, and taxes, procedures for selling or transferring ownership, and provisions for dispute resolution.

Furthermore, the template may include provisions for important decisions related to the property, such as renovation or expansion projects, rental agreements, or mortgage arrangements. It can also address scenarios where one tenant wishes to sell their share or in the unfortunate event of a tenant's death or incapacitation.

Overall, the Declaration of Trust (Tenants in Common) is a fundamental legal document that provides clarity and peace of mind for joint property owners in the UK, ensuring that their respective rights and obligations are protected and enabling a harmonious co-ownership arrangement.

Key issues covered in this template

  • Clauses and Schedule
  • Expenditure
  • Gender-neutral language
  • Interpretation
  • Legally binding
  • Plural and singular
  • Reference includes successors
  • Subordinate legislation
  • The Schedule
  • N/A

What to watch out for

  • That the individuals are declaring that they hold the property as tenants in common

  • That the shares of the owners will be determined according to their contributions over time

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Used by

Author

Genie Team

Genie Team

@genieteam
Genie AI

The Genie Team consists of lawyers and paralegals. Our aim is to open source the law and provide high quality, regularly reviewed legal documents.

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Additional information

Business categories

Business activities

Relevant sectors

Finance

Real Estate

Relevant company sizes

1 - 3

20 - 49

250 - 999

4 - 19

50 - 249

1000 +

Governing law

England and Wales

Language

English UK

Gender neutral

Yes