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Safeguarding home with Declaration of Trust

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  • Safeguarding home with Declaration of Trust

    My daughter recently purchased her first property (leasehold) with a mortgage and substantial deposit provided by me as a gift. Her boyfriend has now moved in, but she wants to try and protect her investment just in case in some years time they split up. He'll be contributing to the running costs, but not the mortgage so should the worst happen she doesn't want to lose half her deposit and any equity there might be in the property in the future.

    She has been told that she can have a declaration of trust drawn up to achieve this, but having had a look at it I'm not sure that is the correct document or route to take.

    Is this the correct route to take to legally ensure her investment is protected

    Thank you
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  • #2
    The only way he can obtain an interest in the property is by
    making direct payments against the mortgage
    making a capital payment against the mortgage or to her for an equitable interest
    carrying out improvements (not maintenance) to the property
    if she promises him an interest.

    You could have a simple cohabitation agreement drawn up stating he will have no financial interest in the property. A family solicitor could do this, it would be an hours work at most I would think. It is a good idea to do this.

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