Declaration of trust after marriage

[Sandz12]

Me and dh got married last year. I’ve been looking through paperwork and remembered we are tenants in common and have a deed of trust to protect the money we put in for the house deposit. We both spend money on the house in equal shares, pay bills and work full time. There’s no children. Would now be a good time to change it to joint tenants and cancel the declaration of trust. I’ve heard the court won’t consider a trust deed during divorce and being tenants in common makes it more complicated if one of us passes away. We are leaving everything to each other. Thank you

It is not true that the court won't consider the declaration of trust, but it is not legally binding. The courts would take it into account in determining the financial split, but it wouldn't necessarily be conclusive.

If you become joint tenants, the house will not form part of the estate when one of you dies. It will automatically become the property of the surviving partner.

Now is as good a time as any to change to joint tenants.

Thanks for your help. I hope some other people have some good advice too.

Would there be disadvantages to doing this?

I don't think so from the description you have given of your situation, but you should take proper advice from a solicitor.