Property Transfer of Equity after divorce

SallyG

I'm trying to organise the transfer of my ex's share [we're tenants in common] of the family home into my sole name to comply with a divorce financial order.
No payment involved.
I asked Land Registry, explaining situation : advice was AP1, TR1, RX3 to lift tenants in common restriction ... each to prove identity ID1 .... admin.fee £90.
Can anyone confirm those are the correct forms for our situation?

For proof of identity done at LR office LR said we both had to turn up at a LR office together .... can anyone confirm we can't go separately to our nearest LR office ? [we live far apart]

I then asked a local solicitor for a quotation :
" £250 +VAT + LR fees " - I said I'd been told LR fees are £90 - solicitor laughed and said there was no £90 LR fee - more likely £200."
Who's right?

Land_Registry

Just to comment on your question about identity verification (you say you have already received our advice on the forms needed and the fee). If both of you are opting to have your identities verified by Land Registry, then you will have to make an appointment to visit one of our offices together. You will also have to have the registration application with you ready to be lodged. However, if one of you can get your identity verified beforehand by one of the legal professionals set out in the ID1 form, then the other can bring in the already completed ID1 form and the other forms and have their identity verified by us. Or both of you can have your identities verified by a legal professional and you can post the completed ID1s and the registration application to us.

Catti

The fee is payable on the value of the estate, as certified to the registrar, less the amount outstanding on any continuing registered charge. It is probably £70 or £90.

SallyG

Thank you for your help - the solicitor said there was no £90 fee.
I looked at this http://www.landregistry.gov.uk/__data/assets/pdf_file/0008/1979/rrgreg.pdf
"Scale 2
– Transfers of matrimonial or civil
partnership homes pursuant to court
orders."
the "non-existent" £90 fee seems to fit our situation.
Don't think I'll be using that solicitor....

Land_Registry

Yes - the scale 2 fee is applicable to this type of transfer. Also, just in case you're not already aware, in your situation the fee will be calculated on the value of the share in the land being transferred, not the entire value of the property. So in a transfer from both you to one of you the fee will be calculated on half of the value of the property (less any amount outstanding on any continuing mortgage).

kingstreet

Is the property mortgaged?

SallyG

No it's not mortgaged-
can only guess at how much more complicated that would be.......
lots of people have to do property transfers on divorce - it would be great to have a free step by step guide for divorcers - there's lots of information available and LR really helpful but fear drives us back into the open arms of the fee earners.

Danny012

Hi all my first post, I am in a similar situation except I have a mortgage on the property, my spouse is agreeing in transferring me her equity in a second home we own.. Can anyone advise me what the easiest and least complicated way this can be done? Also whilst I have a great rate with my mortgage and don't want to "rock the boat" can I get land registery amended accordingly and Not inform my mortgage company?