Adding wife to property deeds

JaneKK

Hi,
My husband owns the property where we currently live and the mortage is fully paid up. When we first got married I gave up my council house to move in with him and asked that I be put on the deeds to the property soley so that should he die before myself the property would then go to me. He told me at the time it was too expensive to do and that as his wife if he dies first I get the house anyway but I understand this might not be the case. We have now been married for twelve years and as both of us making a joint will in the near future, I do want to be my name to be added to the deeds for security purposes and am willing to pay for this myself no matter how much it costs.
So my questions are
1) Does anyone know how much this will cost (roughly)?
2) Can anybody give me any advice as to the best way to do this. I looked at the Gov.UK document 'Change the register' AP1 that needs to be used and immediately haven't got a clue how to fill this in (doubt he will have either!). Is this something it's better to get a solicitor to do (properly) or does it just look over complicated to someone who's never done it before?
And 3) Should this be done before we make our will(s)?
Any advice would be greatly received.
Many thanks.

xylophone

https://www.gov.uk/joint-property-ownership/overview


You can also change from sole ownership to tenants in common or joint tenants, eg if you want to add your partner as joint owner. This is called transferring ownership.

The details follow in section 3.

Hoploz

It would pass to next of kin if he dies without a will - that is you? Or if there's a will he would presumably write you in as beneficiary. Unless there's something more complicated going on behind the scenes such as ex wives, previous wills, children etc it seems unnecessary for a wife to do, on the face of it.

DigForVictory

In this case, strongly advisable, see https://forums.moneysavingexpert.com/discussion/comment/71792130#Comment_71792130

G_M

1) if you make wills, then he simply leaves everything to you in his will. You get the house (provided it does not have to be sold to pay inheritance tax, which would not happen if he leaves every thing to you).

2) you transfer the house into joint names (as Joint Tenants). You then already own 100% of the house - as does he.

3) or both the above

See Land Registry fees Scale 2 "transfers of registered estates not for monetary consideration"
Cost is from £40 - £250 depending on property value.

You don't need a solicitor - see the video and forms needed here:

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

Mojisola

JaneKK wrote: »

My husband owns the property where we currently live and the mortage is fully paid up.

When we first got married I gave up my council house to move in with him and asked that I be put on the deeds to the property soley so that should he die before myself the property would then go to me.

He told me at the time it was too expensive to do and that as his wife if he dies first I get the house anyway

Either he was badly advised or he didn't want you on the deeds.

What possible reason could he have for not making you a joint owner after twelve years of marriage? I'd be insisting on it as well.

Hoploz

Hmm having read the other post, it is more complicated isn't it. The debts would need to be paid from his estate so you need to get advice on this about whether if you own the house together you could avoid having to sell the house to raise the money to pay off his debts.

Keep_pedalling

booksurr wrote: »

you need proper legal advice about whether transferring his sole asset into your name only will indeed allow him to evade it being used to settle his debts. Get that sorted before worrying about how much it would cost to do the transfer paperwork because you can DIY the transfer for the cost of the fees stipulated and a proof of ID charge, but if it won't achieve your desired debt avoidance then it is rather pointless.

I don't think Jane has ever suggested that course of action, she was asking about joint ownership, not about sole ownership to avoid her husband's debts. As it stands him owning the house outright and with no will in place is potentially a more serious issue than his debt, which is something that needs sorting separately and preferably in his lifetime

booksurr

JaneKK wrote: »

that I be put on the deeds to the property soley

ooops. sorry yes i misread the solely bit

Keep_pedalling wrote: »

I don't think Jane has ever suggested that course of action, she was asking about joint ownership, not about sole ownership to avoid her husband's debts. As it stands him owning the house outright and with no will in place is potentially a more serious issue than his debt, which is something that needs sorting separately and preferably in his lifetime

still don't understand why the transfer is such a priority though. The marriage has not produced children. There is no mention of him having any from before so under intestacy OP would get the estate anyway given she is married to him. How much of the estate would be left after the debts are settled is, I agree, an outstanding question and of course key to that is I presume the fact the house is his only available asset with which to clear the debt so would be sold to get the cash to pay them.

That same situation will remain if she is the co-owner anyway, the key difference then being would the creditors agree to placing a charge on the property and her remaining resident under some sort of life interest?

Given the debts do not appear to be secured on the house itself, but would form part of his estate, they will still need to be settled as the estate will have funds available to it from funds tied up in the house. Hence the need for legal advice?

Jonbvn

Hi OP,

Me & OH have done this previously. I recall that it cost a few hundred pounds with a solicitor. A small price to pay for your peace of mind IMHO.

JaneKK

Thank you to everybody for their responses. Just to clarify I just want everything in order should my husband die first. Dealing with a death is hard enough at the time (I should know - lost my father last year and my mother this and she left a big mess which we are still trying to unravel). I wouldn't want any of my family to be in that position should I die first and I don't see why I should with regards to my husband either. I have never been lucky enough to own a property of my own so I don't know the ins and outs of property law etc so thought it sensible to ask here. And to the person who suggested maybe I wanted this done before I divorced him and then removed their post, this couldn't be further from the truth. We are very happily married.