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Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6315
Experience:  BA (Hons), PgDip, Practising Solicitor
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The house is in joint names, My wife passed away recently,

Customer Question

The house is in joint names, My wife passed away recently, now i need to get the house put into my name only. what is the process surrounding this?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Thomas replied 1 year ago.
Hi,

Do you hold your interests as "tenants in common" or "joint tenants"?

Tom
Customer: replied 1 year ago.


I am not sure, how will i now which i have

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.


You can check by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-
http://www.landregistry.gov.uk/wps/portal/Property_Search

Look at the propreitorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole propreitor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If there is no such entry then the proprty is held as joint tenants.

If the property is held as joint tenants then you will have to send a certified copy of the death certificate to the Land Registry office that deals with the registered title. The register you download will state which office deals with it. If this applies, you should call the Land Registry and ask if they require you to completion their Form AP1 as well when you send it in. If you do then you can download a form to complete here:-
http://www.landregistry.gov.uk/professional/forms

The property will then be updated to your sole name.

If the property is held as tenants in common then her share will pass under the Terms of her Will or under the Intestacy rules. This means that a grant of probate (for a Will) or letters of administration (for intestacy) must be applied for before an application can be made to the Land Registry to transfer the property to the person who is entitled under her Will or under the Intestacy rules to inherit it

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Kind regards,


Tom
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6315
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Waiting on a reply regarding which tenent i come under

Expert:  Thomas replied 1 year ago.
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Customer: replied 1 year ago.

The information returned stated that we were joint tenants. I have asked for the AP1 form from the Land Registry service.

Expert:  Thomas replied 1 year ago.
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