Changing title of property to include family member

andybuck

Hi

My house is in my sole name and I'd like to add my wife's name to the title.
What is the procedure and how much does it cost?
Should I talk to the mortgage provider first or the land registry?
Do I need a solicitor or can I do it myself?

Land registry website is very unhelpful to answer this query.

Please advice

thanks
Andy

Radiantsoul

The mortgage company will need to allow it. So speak to them first.

I think you just need to get all parties to complete a TR1 form(from the website), but I would be tempted to use a solicitor.

kaya

as much as im sure you love your wife one phrase springs to mind
"Can open, worms everywhere"

Milliewilly

I thought if you were married it would be 50 / 50 anyway unless you had a pre-nup?

andybuck

Thanks Radiant.

Any idea how much it costs? Do I need to pay the stamp duty again?

Radiantsoul

Several hundred pounds. I am not sure if the mortgage company would charge, presumably they would need a solicitor to handle their side and would charge you for it. I would start by asking your mortgage company.

There would be no need to pay stamp duty, as you are married.

andybuck

Thanks again.

System

Would the mortgage company want somebody on the deeds who has no liability to them?

Stealthy61

You may or may not need to contact your mortage company. Some mortgage terms require consent from the bank for something like a transfer but some do not. The mortgage company is still protected when someone who did not sign the original deed gets registered as they have priority and could still repossess if need be. As others said, stamp duty is not needed if no money is changing hands, but has nothing to do with whether you are married or not (sorry RadiantSoul )

To transfer you will need an application form AP1, transfer form TR1 and if you do not use a solicitor you and your wife will need to complete identity forms ID1. Your identity will need to be verified either at a solicitors or at Land Registry. A solicitor will likely charge but Land Registry do not.

If you choose the cheaper route and get Land Registry to do your identity then you must have all your forms ready for submission at Land Registry and they can verify your ID and take the application off you when you visit. Both you and your wife will need to be present and you cannot have your ID checked in this way without making your application at the same time. A fee is payable but this is likely to only be around £50.

Do go to the Land Registry website www.landregistry.gov.uk as you can download all the forms from there. Check out the Public Guide 20 Forms and publications - public guides - PG020. Public Guide 18 is also worth a look.

The site is not designed to be a "How to" for all types of conveyancing as Land Registry is primarily a recording agency and cannot give legal advice. Having said that there is a lot on there of use if you know where to look. If you have trouble form filling then you can call the enquiries section at your local office and they can help with that, but like I said, not in a legal capacity.

Hope this helps.

onionz_2

Radiantsoul wrote: »

Several hundred pounds. I am not sure if the mortgage company would charge, presumably they would need a solicitor to handle their side and would charge you for it. I would start by asking your mortgage company.

There would be no need to pay stamp duty, as you are married.

The first point to make is that stamp duty liability has nothing to do with being married.

One point often overlooked, even by lawyers, is that for the purposes of Stamp Duty Land Tax, assumption of debt is consideration. In this case, your wife is assuming half of the outstanding mortgage debt (this is the intention behind the legislation even where your wife is not agreeing to be bound by the mortgage - an odd situation, but the status quo nonetheless). If this sum is over 175k (present threshold) then SDLT would be payable.

The process itself is relatively straightforward. Where consent from the lender is required, it's usually simple for the lawyer to draft a transfer in accordance with the lender's requirements, and get both parties and the lender to execute it. This will be registered at the Land Registry, to finalise the matter.

marcg

Another point to consider is that capital gains tax exemption is only available on your main house. So by making your wife a joint-owner of this house you are effectively removing her option to buy and sell another house without paying capital-gains tax on the profit (assuming there is any).

Of course, this assumes you have become estranged and she is living in the other house. But it does simplify things in that situation.