How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Property Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

My partner and I have joint ownership of a property. Is it

This answer was rated:

My partner and I have joint ownership of a property. Is it possible to write a clause in which one of us has a larger share in the ownership, if both parties consent?

Thanks for your question.

Basically, yes, but you have to do it in a specific form in order to be binding

First of all, if presently hold the house jointly (as joint tenants) then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-

They will then hold their interests as tenants in common, meaning that you can hold you interests separately and in different amounts

You may then make a declaration of trust, which is a deed sworn by you both in which you specify how the proceeds of sale of the property (ie. when it is eventually sold) are to be divided. This could take account of your interests by either specifying that one of you should receive an amount first and dividing the remaining equity equally (or as a percentage proportion) or it could simply stated that you receive x% and you co-owner receives y%.

A solicitor would be able to do this for both of you for £150+Vat or so. It is preferable to use a solicitor, if you attempt to execute a declaration of trust using an online template then you could make an error which would mean that the agreement is unenforceable/

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Customer: replied 5 years ago.


Is it possible to do this without selling the property though? I wish the house to be in my partner's name only but we do not wish to move. Would we have to re- mortgage or is it possible to do put it into a solo name without going through the re- mortgage process?



If there is a mortgage on the property then you can still execute a declaration of trust confirming the respective extents of your interest.

If you wish to transfer the legal title (ie. ownership) from the two of you to just one of you then you would need the lender's consent. This would mean that the person who is to be solely named would have to obtain a mortgage offer from them in order to do this, because they have a first legal charge which prevents transferring ownership without their consent.

Please remember to rate me answer.

Kind regards

Thomas and other UK Property Law Specialists are ready to help you