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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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CAN YOU GIVE A HOUSE AWAY, OR TRANSFAIR THE DEEDS TO SOME OTHER

Customer Question

CAN YOU GIVE A HOUSE AWAY, OR TRANSFAIR THE DEEDS TO SOME OTHER PERSON.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

Is there a mortgage on the property?

Tom

Customer: replied 3 years ago.

NO MORTGAGE thanks.

Expert:  Thomas replied 3 years ago.

Thanks.

If there is no mortgage then you can transfer the property to another person by transferring the registered legal title.

Check on the land registry registered title if it is registered.

You can download a copy of the register for your property from the land registry's search engine:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

Enter the postcode for your property and if it is registered it will give you the option to download a copy of the register.

You will have to draft a Transfer (form TR1) from you to the person you wish to transfer it to (which you will both have to sign as a deed (ie. witnessed) and you can download the template form from the land registry's website. You will have to submit this to the land registry with their form AP1, this is also downloadable from the website

by selecting from the "Forms" tab:-

http://www.landregistry.gov.uk/

You will probably have some questions on completing the forms but the land registry's customer support service are very helpful to lay persons. A fee will be required and you can also ask them about that.

Please note that once transferred you will cease to have any rights over the property, you will not be able to claim an interest against the property following transfer.

If you live at the property after the transfer then this will be a gift with reservation of benefit for inheritance tax purposes, which means that the whole of the value of the property will be included in you estate for IHT purposes.

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6647
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 5 other UK Law Specialists are ready to help you
Customer: replied 2 months ago.

Hi can I transafare my deeds to my son,with power of atterny. As he is in prison.can I do that at landregistry, by my self.

Expert:  Thomas replied 2 months ago.
Hi
It might be possible in theory but it depends on whether or not your son is required to sign the transfer form. If you need him to covenant to do something then he will need to sign the transfer form. The power of attorney would also have to be prepared by a solicitor in order to ensure that it is of the correct type in order to transfer the property in question.
Tom
Customer: replied 2 months ago.

thats why I am asking you, can I do it with out him. I have got power of attorney. yours STEVEN.

Expert:  Thomas replied 2 months ago.
Hi Steven,
Although you might be able to execute the transfer, but - thinking about it - you would also require him to execute a land registry ID1 form verifying his identity in order to register it in his name, which he would have to execute with a solicitor. So, unless he's willing to do that then you would not be able to register it in his name..
Kind regards,
Tom
Expert:  Thomas replied 2 months ago.
Hi,
I note you have rated my answer as "poor".
Can you please let me know what clarification you require. I note that your original question was answered in entirety though.
Kind regards,
Tom

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