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Signing contracts prior to declaration of trust had been drawn up.

Hi All, 
 My partner and I are currently in the process of buying a house. However, we are putting in slightly different amounts for the deposit and have been advised by our solicitor to create a declaration of trust to ensure should we split and sell the house we’ll get the deposits we put in back and then divide any other equity the house may gain 50/50. This declaration of trust has not yet been drawn up. So I was surprised today when the contracts were sent to us to be signed. Is this normal? Can we sign the contracts before the declaration of trust has been drawn up/signed? 

Comments

  • Fayem567
    Fayem567 Posts: 13 Forumite
    Name Dropper First Post
    Sorry just saw I have posted this in Mortgages. Should it go in House buying? 
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Draft contracts are drawn up at an early stage and held on file. There'll be no exchange until you give the go ahead. 
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Get your deposit back is the same as the one with bigger deposit lending the lower one 1/2 the difference interest free.
    Loan agreement might be easier than a DOT.
    If the difference is not too big it could be paid back early to get to proper 50:50.

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