Changing the name on the house deeds

Mia123_2

I hope someone can help me. My mother passed away a couple of years ago and left the house in her will to my two brothers and I. She left equal shares of the house to the three of us. My father who is still alive and has a third share of the house in his name (they were divorced) is also giving his share to myself and one of my brothers.

Are we able to change the names on the deeds and anything else thats needed with regards to the house by ourselves without using the services of a solicitor?

There is still a small amount of the mortgage to be paid which in my mums estate there is enough money to pay off but the solicitors that are handling the will have quoted us an extra £400 for their services to do the name change of the house which doesn't include the paperwork which is extra eg. land registry, bankruptcy checks etc

Please advise if we are able to do everything needed with regards to the house by ourselves without the use of the solicitor so that we are able to cut down on fees. Also if anyone could advise what is needed with regards to changing a property from one person to another I would be most grateful.

xylophone

In your position (multiple ownership/mortgage) I'd pay the fees and let the solicitor do it - there's such a thing as a false economy and a little knowledge being a dangerous thing - purely a personal opinion!

G_M

What are your plans for the property?

If selling, then leave it in mum's name and transfer direct to the buyer.

If you plan to keep the property, then you'll need to either
a) pay off the mortgage before transferring into your names or
b) get the mortgage lender's permission to transfer into your names

b) means you will need to apply/qualify for a joint mortgage

Kynthia

In addition to getting your names on the deed you possibly need a solicitor for a 'Deed of Trust'. This legal document specifies exactly what percentage of the property you each own. Otherwise you are all joint owners which can prove tricky in the future.

G_M

Kynthia wrote: »

In addition to getting your names on the deed you possibly need a solicitor for a 'Deed of Trust'. This legal document specifies exactly what percentage of the property you each own. Otherwise you are all joint owners which can prove tricky in the future.

Not needed.

Title at the Land Registry can be as Tenants in Common (as opposed to Joint Tenants).

They can then each own 33% (or whatever % they agree/choose).

Mia123_2

G_M wrote: »

What are your plans for the property?

If selling, then leave it in mum's name and transfer direct to the buyer.

If you plan to keep the property, then you'll need to either
a) pay off the mortgage before transferring into your names or
b) get the mortgage lender's permission to transfer into your names

b) means you will need to apply/qualify for a joint mortgage

Hi, we were planning on selling the property but of course its lost value so now we would just like to rent it until the property market improves (and who knows how long that will take). We will be paying off the mortgage in full before transferring into our names. If its a complicated process then we will just have to pay the solicitors fees afterall.

Mia123_2

G_M wrote: »

Not needed.

Title at the Land Registry can be as Tenants in Common(as opposed to Joint Tenants).

They can then each own 33% (or whatever % they agree/choose).

Thanks, I will look into this. So I have to change the name on the deeds and apply for tenants in common. Is that all there is to it? Does anyone know of where I can find a list of all the things needed so that I can see if I should stick to the solicitor and let them do the work for £400 as if its only the two things deeds and tenants in common then surely I can do this myself and save us £400? Surely it can't be that easy? (although Im hoping it is)