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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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we are a married couple, but the house deeds are in the name

Resolved Question:

we are a married couple, but the house deeds are in the name of one spouse should that spouse dies what are the problems for the remaining spouse whoes name is XXXXX XXXXX the deeds and whilst they are both alive what should be done to prevent future problems
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi
Thanks for your question/n .

For clarity and the avoidance of doubt, could you please respond to the following USING THE SAME NUMBERING:-
1. Do you have any children
2. Does the spouse named on the property have a Will and if so who does this leave their estate to
Kind regards.

Tom
Expert:  Thomas replied 1 year ago.
Hi,

Are you able to respond to the above post in order that I may provide you with an answer please?

Kind regards,


Tom
Customer: replied 1 year ago.

yes we both have two children from previous marriages, we both have made proper wills bequeathing all to the surviving spouse , my concern is the surviving spouses name is XXXXX XXXXX the deeds of the house, I understand getting your name on the deeds after death is more expensive and difficult .my with and i have one joint bank account current and savings for 29 years allthe morgage and expences are jointly shared. i am now given to believe if both are names are XXXXX XXXXX house deeds during our life time it is a simple matter and less expensive ,getting your name on the deed after the death of a spouse is time consuming the cost being in thouands than afew hundred.regards XXXXX XXXXX

Expert:  Thomas replied 1 year ago.
Hi,

Is there still a mortgage on the property or has this been paid off?

Tom
Customer: replied 1 year ago.

mortgage is paid up and all bills are paid up from our joint account which originally was my account.my partner then was a low paid worker 29 years ago and has never earned more than me .my spouses name was added to my bank account to facilitate managing the outgoing expences . regards alan howson

Expert:  Thomas replied 1 year ago.
I'm on my phone at the moment, may I answer in about an hour please?


Tom
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

If there is no mortgage on the property and the spouse which owns the property passes away then if the Will directs that the non-owning spouse should inherit the property then it will pass to them without complication.

If the mortgage has been paid off then the mortgage company should have removed their charge on the property. You can check by downloading the property register for it and checking that the charge is not registered against it:-
http://www.landregistry.gov.uk/public/online-services

I believe the service is not available on the weekend though.

If the non-owning spouse passes away then obviously nothing happens to the house because it will just remain in the ownership of the owning-spouse.

If the mortgage has been paid off then it’s relatively easy to transfer the property in to your joint names. A solicitor would be able to arrange this for you for about £200+VAT.



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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.

I would like to know what the difficulty is when the spouse whoes name is XXXXX XXXXX deed dies first .the problems of the surviving spouse getting there name on the deed. would it not be better to do it whilst both are alive


regards XXXXX XXXXX

Expert:  Thomas replied 1 year ago.
Alan,

Please read my above answer. The answer to your reply is contained in there.

If the owning spouse leaves a Will directing the non-owning spouse to inherit it and there is no mortgage then there is no problem at all - changing the deeds is easy.

However, this leaves the possibility that the owning-spouse could change their will and leave it to someone else. To get around this it would be more secure for the title to the property to be transferred in to their joint names. I have said above that it would cost around £200+vat.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Family Law Specialists are ready to help you

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