Is a deed of trust automatically suggested by solicitor?

[CIareIsland]

My niece is purchasing a flat with her fiancé - she is putting down all of the significant deposit (£140K) and they will share the mortgage. Will their solicitor automatically suggest a deed of trust to protect her contribution?

They will ask if they want to own it in equal shares or otherwise. However, if your niece wants to protect it in the event of divorce, she would need a pre-nup.

They should be asked if they want one. Are you worried she's naive or he's on the make, or both? If they're getting married the deed of trust would be considered should they divorce, but a court wouldn't be bound by it.

Just a warning. My friend had a deed of trust to protect the deposit she paid on her own and then they had a joint mortgage. When they split up house prices had increased a fair bit so they had made a decent profit on the house. This profit was split in two, despite the fact her ex hadn't invested a penny apart from half the mortgage payments.