There may be various reasons why co-owners choose to separate their shares in the property.
This may be for the simple reason that one co-owner is putting in more money than the other to the purchase of the property and wants to ensure that they receive those funds back in the event of a sale.
Alternatively, one party may be paying more in terms of mortgage and bills as ongoing costs and may therefore wish to state that they own a greater share in the property than the other party.
The relationship between the co-owners will often dictate how the equity is divided. For example, friends or business partners will likely want to specify their shares in the property so that they can ensure this is left to their own family members on their death.
In order to document these shares co-owners should enter into a Declaration of Ownership.
What is a Declaration of Ownership?
A Declaration of Ownership is a contract between co-owners that clearly sets out the parties’ intentions at the time of the purchase.
If a dispute ever arose in the future the Court would use the Declaration of Ownership as the starting point and there would need to be strong evidence to show that the position outlined had since been varied.