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Posted Thu, 16 Nov 2023 14:06:32 GMT by teddy lion
Hello, I would just like a quick confirmation for the following process: My partner and I are unmarried with a 50/50 jointly owned property and currently assign rental unequally according to the rules of pim1030. We live in Scotland. However, we understand this arrangement will then end when we become civil partners. To assign unequal rental income share, we must do the following: -make sure we are not joint tenants (I don't think they have this is Scotland anyway, only 'joint ownership', which is like tenants in common). -create a Declaration of Trust assigning different shares of beneficial interest in both ownership and rental income -send Form 17 within 60 days to HMRC Is this all we need to do? I am assuming this process is the same in Scotland as it's UK-wide legislation, but wanted to check. I also understand the Declaration of Trust can be created either with/without a solicitor, is this correct? Many thanks in advance.
Posted Tue, 21 Nov 2023 08:50:45 GMT by HMRC Admin 8 Response
Hi,
You are correct, once a Civil Partnership/Marriage begins, we would advise to re-apply for the agreement assigning unequal shares in the rental property via Declaration of Trust and the Form 17 within 60 days, with the creation by a Solicitor not required as stated. 
Thank you.

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