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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7430
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi there, I wanted to enquire about transferring our house

Customer Question

Hi there, I wanted to enquire about transferring our house in both of our names. Currently it is in the name of the husband as is the mortgage, as I had just been made redundant when we purchased it. However, we pay the mortgage jointly and contributed equally to the 25% deposit. We have had some difficulties lately and while I expect we will try to work them out even more so because I am pregnant, I feel like it is something I would like to do given how difficult things get at times between us. I was wondering how we should go about it - property lawyer? - and how much should it cost approximately to transfer the ownership in both our names.

Many thanks in advance
Submitted: 5 years ago.
Category: UK Property Law
Expert:  Thomas replied 5 years ago.

Thanks for your question.

I’m afraid that the lender with whom your husband has a mortgage must consent to the transfer, they have a first legal charge over the property which prevents any transfers without their consent. They should be your first port of call. Your husband should give them a telephone call stating that he wishes to arrange the transfer in to your joint names. They will then decide whether they are able to issue a mortgage offer in your joint names.

Once you have a mortgage offer you will need to instruct a solicitor to act for you in the transfer of equity and remortgage to redeem your current mortgage, transfer the property in to your sole name and to perfect the lender’s new charged relating to your solely-named mortgage.

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Kind regards,

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Customer: replied 5 years ago.

Hi there, thanks for the answer. I wanted to ask a follow up question - is this the only way to do this. Is it not possible for my husband and I to go to a property laywer and sign and have witnessed a letter which declares we both own the property, or a letter signed by hiim confirming that although the mortgage is in his name, we both contribute equally to the mortgage and the property is joint?



Expert:  Thomas replied 5 years ago.
Hi Pavlina,

The legal ownership of the property can only be those persons listed on the registered title. There is no getting around that.

However, you can execute a declaration of trust with your husband via a local solicitor in which you state that although he retains the legal ownership of the property you have an interest in the proceeds of sale after deduction of the mortgage. You can state you respective interests in percentage terms.

This would not prevent him selling the property or raising finance on it to diminish the proceeds a sale would realise and for that reason, if you want ultimate security, then you should arrange a transfer in to your joint names.

Kind regards,


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