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Posted Fri, 08 Mar 2024 15:06:33 GMT by Angela Holway
I have 5 rental properties which I own with my husband (we are both on the title deeds and mortgages). About 10 years ago my husband was a high rate tax payer and I was a low rate tax payer so we had a deed of trust put on the properties to transfer the beneficial interest of the properties to me for tax purposes. Now we are retired we would like to revert the properties back so that there is an equal split of the beneficial interest between myself and my husband. Upon looking at the title deeds on the Land Registry website, the deed of trust for the properties is not recorded on there and as previously stated, we both are named on the title deeds and the mortgages. Please can you advise me what I need to do to get back to sharing the income equally. Thank you
Posted Tue, 12 Mar 2024 09:18:47 GMT by HMRC Admin 8 Response
Hi,
You would need to submit a revised deed of trust and Form 17  to revert the split back to 50/50 https:
Declare beneficial interests in joint property and income
Thank you.
Posted Sun, 17 Mar 2024 16:06:48 GMT by Angela Holway
Hi again My solicitor is proposing a deed of assignmen rather than a new deed of trust. Please can you confirm if this is acceptable and will override the current deed of trust? Thank you
Posted Mon, 18 Mar 2024 13:06:42 GMT by HMRC Admin 8 Response
Hi,
Looking at your previous question, we would advise that if your query does still relate to reverting the beneficial interest in five rental properties back to 50/50 between your husband and yourself, then a Deed of Trust is a legal document which sets out the terms of a trust.
A Declaration of Trust is a more precise version outlining specific equitable shares in said trust. In your case, either would suffice to revert shares, however, a Declaration would be more in-depth and would over-ride the existing Deed.
Thank you.

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