Reporting change of 'ownership' to land registry

Graham.Pea

My wife and I owned our home as tenants in common. Our wills left each share (of 50%) to the children, with occupation reserved to the survivor until his/her death. My wife died earlier this year and I dealt with the grant of probate. Her 50% is now owned by the two children and I can occupy the house until my death.
I now occupy the house owning 50% and the remaining 50% is owned by the children.
Do I have to register the change of ownership with the Land Registry? And, does anyone know the appropriate form number, if I an compelled to register? Thanks.

g6jns_2

Graham.Pea wrote: »

My wife and I owned our home as tenants in common. Our wills left each share (of 50%) to the children, with occupation reserved to the survivor until his/her death. My wife died earlier this year and I dealt with the grant of probate. Her 50% is now owned by the two children and I can occupy the house until my death.
I now occupy the house owning 50% and the remaining 50% is owned by the children.
Do I have to register the change of ownership with the Land Registry? And, does anyone know the appropriate form number, if I an compelled to register? Thanks.

All the forms are here
https://www.gov.uk/government/collections/land-registry-forms

It is better to register the change since any queries can be sorted out now. it also limits the amount of any charge the local authority might place on the property should you need care paid for in future. As your late wife's share forms part of her estate it is the executor's job to change the registration.

Graham.Pea

g6jns wrote: »

It is better to register the change since any queries can be sorted out now. it also limits the amount of any charge the local authority might place on the property should you need care paid for in future. As your late wife's share forms part of her estate it is the executor's job to change the registration.

Many thanks, good advice.

Land_Registry

If the property is registered and the children are 'adults' then their interest would normally be protected by you, as the survivor, transferring the property into the names of you and the children.


The required forms would be form AP1 (application form) and TR1 (Transfer) plus ID1 forms (confirmation of identity) for each of you if you did not use a conveyancer.


g6jns has already linked you to the forms and this link will take you to the guidance on transferring ownership
https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property


In light of the circumstances, inc g6jns's post, I would always recommend seeking legal advice as well as it is important that you all understand how the legal (property) and beneficial (each % share) are dealt with in law and other scenarios.


You may have already have done this of course to arrive at the original decisions but I always mention it in case others are online seeking similar guidance.

g6jns_2

It is very sensible, in fact I would say essential, for all three parties to get legal advice. From what I have seen on here many people don't understand the concepts, and implications, of joint property ownership.