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Transferring a property

I want to transfer a property from self and spouse to my name only.

Any advise on what documentation and fees are involved and is it simple enough to DIY or does it need the services of a conveyancer?

Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 19 December 2012 at 11:00PM
    Is there a mortgage? If so, you will need the lender's consent, and they will employ a solicitor (at your expense).

    If no mortgage, you can DIY.

    Check the Land Registry site for forms.

    They will also give you telephone advice. On procedure, but not on legal/financial matters.

    See also their FAQs:

    How do I transfer my registered land/property?
    What forms do I need to use to transfer my property?
  • GDB2222
    GDB2222 Posts: 26,502 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I do not mean to be rude, but if you have to ask the question whether you can DIY it, you may be better off to employ a solicitor. There is quite a learning curve if you are starting from scratch. This is quite an easy matter for a solicitor to deal with, and you should not be looking to pay the normal fee for conveyancing.
    No reliance should be placed on the above! Absolutely none, do you hear?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    GDB2222 wrote: »
    I do not mean to be rude, but if you have to ask the question whether you can DIY it, you may be better off to employ a solicitor. There is quite a learning curve if you are starting from scratch. This is quite an easy matter for a solicitor to deal with, and you should not be looking to pay the normal fee for conveyancing.
    I disagree in this case.

    The difficult/risky aspects of conveyancing are
    * checking Title (ownership);
    * doing searches and understanding them;
    * checking planning consents;
    * etc

    None of these apply in a straight Transfer within family. Just a couple of forms. The tricky bit is getting the right forms, but Land Registry will advise on this for free!

    Of course, if the reason for this transfer is related to, say, a divorce/separation, that opens a whole different can of (related) worms....
  • Land_Registry
    Land_Registry Posts: 6,211 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    As G_M rightly states you can follow the FAQ links and download the relevant forms, including notes as to completion of the forms, namely TR1 (Transfer), AP1 (application form) and ID1 (Identity forms for those involved).

    Form filling though is the registration aspect but as G_M rightly implies and GDB2222 infers understanding the implications of any change of ownership whether it is the reasons for making the change or future events e.g. who gets what if one owner dies etc are often matters to be discussed with a legal adviser. If there is a mortgage involved then the lender may well will insist on your getting legal advice anyway.

    Land Registry can assist with the completion of the forms and their lodgement but not the legal aspects. If after reading the FAQs and forms you are unsure as to their completion or what forms/other evidence are required then Contact Us
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • GDB2222 wrote: »
    I do not mean to be rude, but if you have to ask the question whether you can DIY it, you may be better off to employ a solicitor.

    No offence taken but if I wanted to change the oil and filters in my car I'd still have to look up or ask what parts I needed to use. Just because you ask doesn't mean you can't do.
  • GDB2222
    GDB2222 Posts: 26,502 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    WYSPECIAL wrote: »
    No offence taken but if I wanted to change the oil and filters in my car I'd still have to look up or ask what parts I needed to use. Just because you ask doesn't mean you can't do.

    There's a learning curve, and it might not be worth your while to learn how to do something that you will probably only do once. Plus, the tone of your query implied that you would be starting quite a long way down the learning curve.
    No reliance should be placed on the above! Absolutely none, do you hear?
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