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Mortgages in Trust

Answered on 10 March 2026

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My daughter and her partner, due to wed next year, are potential first time buyers. We have set up a Trust Fund and propose gifting our former first home into it having just built a new house for ourselves. We are now both retired aged 64 and 61.Is it possible that they (the young couple) could get a mortgage to become part owners of the bungalow with the trust fund. The mortgagors having the first and only charge on the property. The proposal is for gradually in time for the trust fund to pass more of the ownership to the couple.

Answered by: Nicholas Mendes

While it’s possible for your daughter and her partner to obtain a mortgage to become part owners of the bungalow held within the Trust Fund, of which there are a handful of lenders who will consider. They are unlikely to agree on a shared equity situation where a property is held in the joint names of a trust and private individuals. 

It can be possible, but it’s specialist and lender appetite is limited.

In most cases, a mainstream residential lender will want the people named on the title deeds (the legal owners) to be the same people who take the mortgage, because that’s how they secure a clean first charge. Where a property is held by trustees, the trustees are usually treated as the “borrowers” in legal terms, so the trust deed and trustee structure matter a lot.

Why lenders are cautious

This isn’t about your daughter’s circumstances as such. It’s the legal mechanics.

Lenders typically want confidence that:

  • the trust deed explicitly allows borrowing and granting a charge
  • the right people can sign (and remain authorised) over the life of the mortgage
  • their first charge is enforceable without ambiguity if anything goes wrong

Because of that, lenders are often reluctant where ownership is split between a trust and individuals, or where the “real” owners are beneficiaries rather than the legal owners.

The ‘gradual transfer’ point

In practice, “passing more ownership over time” usually means a series of legal transfers.

Each transfer can trigger fresh conveyancing, lender consent, and potentially a rework of the mortgage arrangements. It can also create stamp duty and tax complexity depending on the trust type and how the transfer is structured. For example, where trustees are treated as purchasers, first-time buyer relief may not apply in the way people expect.

Often, a simpler route works better

Where the goal is to help them buy and keep lender options broad, families often end up choosing one of these routes instead:

1) Buy in their own names, with family help

A straightforward purchase in the couple’s names, supported by a gifted deposit (or a documented family loan), is usually much easier to place with lenders.

2) Joint Borrower, Sole Proprietor (JBSP)

This can allow family to support affordability while the property is owned by the couple (or one of them), keeping the title clean. A number of lenders offer JBSP-style arrangements.

3) Concessionary purchase / family sale below market value

Sometimes the cleanest structure is a sale at an agreed value, with the discount treated as the “deposit” (subject to lender criteria and solicitor advice).

Trust and tax considerations

Separately, gifting a property into a trust can have inheritance tax and ongoing trust-charge implications depending on the type of trust and values involved, so you’ll want a solicitor/tax adviser who does this routinely.

Next steps

If you want to explore the trust route, start with a specialist trust solicitor to confirm what the trust can legally do and how the title would be held.

In parallel, it’s worth speaking to a broker early. With setups like this, the value is in quickly stress-testing the structure with the right lenders and avoiding a lot of legal spend on an approach that ends up being unmortgageable in practice.

Please call 023 8235 2300 once armed with this information and we will be able to take your details and start contacting lenders to see who, if anyone, would be willing to lend.

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Ask The Mortgage Experts answers are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them. We recommend you seek professional advice with regard to any of these topics where appropriate.

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