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DIY conveyancing for Property Transfer

Biggie
Biggie Posts: 370 Forumite
Part of the Furniture Combo Breaker
edited 22 January 2015 at 3:10PM in House buying, renting & selling
I own a joined property with my father(he owns a small percentage). The time has come where he wants to gift me my share and I purchase the remaining share.

We completely trust each other and don't require independent legal representation it's a very simple transaction and there's no mortgage involved.
When I talk to most solicitors they all insist that we must have independent representation..

This is really adding up to a fair amount of administration costs, therefore my question is are we able to do the paperwork ourselves ?. I believe there's a HMRC form you fill in to indicate the transfer and pay and declare any stamp duty due. Is DIY Conveying possible ? How do we change the mortgage deeds to reflect the change ?

thanks

Comments

  • benjus
    benjus Posts: 5,433 Forumite
    Part of the Furniture 1,000 Posts
    I think the main problem is that if you make a mistake (I'm sure it's not THAT hard, but with no legal training and no experience...) you won't have any professional indemnity insurance to bail you out, and you'll be personally responsibly for any financial loss.
    Let's settle this like gentlemen: armed with heavy sticks
    On a rotating plate, with spikes like Flash Gordon
    And you're Peter Duncan; I gave you fair warning
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Rather than completely DIY, another way of reducing costs is for only one party (preferably you) having a solicitor, and your father trusting you not to rip him off.
  • Biggie
    Biggie Posts: 370 Forumite
    Part of the Furniture Combo Breaker
    davidmcn wrote: »
    Rather than completely DIY, another way of reducing costs is for only one party (preferably you) having a solicitor, and your father trusting you not to rip him off.

    That won't work as my Solicitor won't represent without the other parlty having a solicitor apparently new laws that came ino place a couple of years ago.

    Previosily the solicitor we normally use could have represented both of us as we have both been he's client in the past. Apparently this is no longer the case.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you plan to do conveyancing, at least learn how to spell 'conve.....'
    Biggie wrote: »
    I own a joined property with my father(he owns a small percentage). The time has come where he wants to gift me my share and I purchase the remaining share.
    if he is gifting his share, what exactly are you purchasing...?

    We completely trust each other and don't require independent legal representation it's a very simple transaction and there's no mortgage involved.
    When I talk to most solicitors they all insist that we must have independent representation..
    Independant representation from each other, yes.

    Representation, no.

    This is really adding up to a fair amount of administration costs, therefore my question is are we able to do the paperwork ourselves ?.
    Legally, yes.
    Are you able? I don't know you well enough to answer.

    I believe there's a HMRC form you fill in to indicate the transfer and pay and declare any stamp duty due. Is DIY Conveying possible ? How do we change the mortgage deeds to reflect the change ?


    thanks

    You need:

    TR1
    AP1
    ID1

    See this link for the forms, the guidance notes, and a video:

    https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Biggie wrote: »
    my Solicitor won't represent without the other parlty having a solicitor apparently new laws that came ino place a couple of years ago.

    I'm not aware of any laws which prohibit it. He may of course feel uncomfortable about dealing with an unrepresented party.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    davidmcn wrote: »
    I'm not aware of any laws which prohibit it. He may of course feel uncomfortable about dealing with an unrepresented party.
    I suspect it is not 'law', but IS to do with professional standards and compliance with Law Society rules or similar.
  • Biggie
    Biggie Posts: 370 Forumite
    Part of the Furniture Combo Breaker
    G_M wrote: »
    If you plan to do conveyancing, at least learn how to spell 'conve.....'


    You need:

    TR1
    AP1
    ID1

    See this link for the forms, the guidance notes, and a video:

    https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

    Thanks that helps alot i've corrected the spelling :D

    Also to clarify my father is gifting 50% of he's share and I purchase the other 50%

    ok so Legally I can do the paperwork, I will research how
    comfortable I am with the documents I'm normally quite competent in such matters (more a matter of time is money which is dependent on how complex this is)
  • beefster
    beefster Posts: 742 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Just got divorced and have to transfer my half of the former marital home to my now Ex and we are both surprised at the cost involved for such a simple transaction.
    Thought we could just complete the TR1 form and send it off... job done!

    Her sol wants £695 plus vat plus fees! Rediculous... Then apparently i need one to respond!

    Would be interested in how you got on Biggie.
    I save so I can spend.
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