Do I need a declaration of trust?

[MickeyMoose1]

I am buying a house with DP and going through the conveyancing process now. We are engaged but likely won't marry in the next 5 years (house to buy and to conceive we need IVF which won't be NHS funded)

We have both signed our legal papers to say we are joint tenants, the mortgage is a joint application and we have a joint bank account. However DP is contributing £70k towards the deposit of our house. He doesn't want to ring fence this money, I have helped him financially years prior and will be funding the IVF.

Do I need a declaration of trust drawn up to ensure that, should we split before we marry, I will receive half the equity in the house? Or is this covered in the joint tenants vs common form we filled and signed?

In the absence of a declaration of trust the assumption is that the equity will be split 50/50 should you separate, but this can be challenged. A declaration of trust would be useful if there is a dispute, e.g. if he changes his mind about his contribution to the deposit.

The declaration of joint tenancy is the declaration of trust and should be all you need. It should not be capable of being challenged.