I am reviewing a husband and wife client's tax position, specifically buy to let rental income following the husband's move into the higher rate band. We are looking to put a declaration of trust in place for the equity held in the husband and wife's buy to let portfolio to transfer the equity and right to future rental income to the wife who is a basic rate tax payer. My question is on the mortgage interest. The mortgage is currently held in both names and my intention would be to leave this as such. However, question 1, is this likely to breach the mortgage terms in anyone's experience and question 2, if not, does any one have any experience on the deductibility of the mortgage interest. As the mortgage is in both names, could the wife claim 100% as wholly for the buy to let portfolio or would this need to be split 50/50 with the husband receiving limited relief as a result of him being a higher rate tax payer. Many thanks.