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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My husband wants to make a change to the house deeds. His first

Resolved Question:

My husband wants to make a change to the house deeds. His first wife is deceased and he wants to remove her name and add mine. How do we do this?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Is there are mortgage on the property?

 

Tom

Customer: replied 3 years ago.
No
Customer: replied 3 years ago.
There is no mortgage on the property.
Expert:  Thomas replied 3 years ago.

Hi

 

Do you know if they held their interest as joint tenants or tenants in common?


Tom

Customer: replied 3 years ago.
The property was bought outright in both their names. It says on the deeds - Proprietorship details, Title Absolute. Both of their names follow and the address of the property.

They never had a mortgage on the property.
Expert:  Thomas replied 3 years ago.

Okay.

 

Look at the proprietorship 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 proprietor 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 property is held as joint tenants (which would make what you are intending on doing a lot easier) .

Customer: replied 3 years ago.
I am looking at the original Land Certificate. I cannot find anywhere on it the statement above.
Expert:  Thomas replied 3 years ago.

Ok.

 

If it's not there then you hold as tenants in common. I would check

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

 

This will be a more recent copy of the register than the land certificate you hold.


If the entry is not there then you will need to executed a Land Registry TR1 transferring the interest from your husband to you and your husband. It is available from the LR website:-

http://www.landreg.gov.uk/publications/?pubtype=49

 

And there are some guidance notes to help you:-

http://www.landreg.gov.uk/assets/library/documents/TR1_notes.html

 

You can choose to hold your shares as joint tenants meaning that upon death of the first of you to die that person's interest passes to the survivior irrespective of any direction made in that persons will. If you choose to hold as tenants in common then you may hold in unequal shares and can execute a declaration of trust stating what percentages you own.

 

If you are to transfer for nil consideration then you do not need to inform HMRC. Once you have completed the TR1 form you will need to send it to the LR office dealing with the title together with completion Form AP1 (including the transfer and copy death certificate for his previous wife) together with their requisite fee.

 

You can contact LR's customer services regarding their fees and any further queries you have about executing the form, they are very helpful.

 

A copy of the amended title will be sent to you thereafter to confirm registration in both your names.

 

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

 

Kind regards,

 

 

Tom

 

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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