UK Property Law
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Does the person consent to being removed?
Is there a mortgage on the property?Tom
Thanks for your reply.
If the person consent to the transfer of the property from your joint names in to your sole names then you will have to execute and Land Registry transfer form (TR1, available for download from the LR website). There are some guidance notes that can help you complete it and the LR customer service helpline is very useful for lay persons.
Once you have executed the TR1 form you will have to send it with and application to change the registered title of the property using the LR's form AP1 (also available for download) and submitting the LR's fee by cheque. If the transfer is for nil consideration (ie. no money is being paid to your partner for the transfer) then I believe this will be £50.00.
If you partner does not consent to the transfer without having being paid some money then you will have to negotiate. In the absence of any agreement to the contrary (ie. a declaration of trust deed executed at the time by you both) then it is presumed that each party owns a 50% share of the property. This can be rebutted but each case turns on it's own facts and litigating over this can be quite expensive.
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