DIY Land Registry - Cancel Tennants in common, buying out the other beneficiary.

chancooluk

Hi,

My father recently passed away. My property is owned by myself and my late father as 'Tenants In Common', without mortgage.

My father died intestate, which meant his share in the property passed to myself and my sister.

I have paid off my sister to the value of her share, so the property is owned wholly by myself. The last thing I need to do is to inform the Land Registry of the change, so that my fathers name can be removed from the register, and also for the Tenants In Common restriction to be cancelled.

I understand that I must complete forms DJP, RX3 and ST5 in order to do this. I am just unsure of exactly what I need to provide as evidence to show that I now own the property wholly, or if I even need to provide evidence other than the ST5 form.

Specifically, I need help with parts 3 and 4 of the ST5 form.

I have asked the Land Registry for help, but their answers have typically been quite vague as to how I should proceed.

I'm not currently in a position to pay for a solicitor to do this for me...

Any help would be great!

getmore4less

The land reg rep that posts here will be along to help.

you will need two people yourself and Sis should do.

you probably won't need the grant of administration but that may help the rep will know

depending on the value of the house you may need to consider SDLT on your purchase of sis.

Land_Registry

As the property is registered in your joint names and you are to be the sole legal owner than there is no transfer of the legal ownership to be registered here. As such form DJP and an official copy of the death certificate deals with the change of ownership.

Paying off your sister's share is a separate matter that would not directly involve us - whether that creates a 'tax' implication we would no know so cannot comment on I'm afraid.

To remove the form A restriction you need the form RX3 and ST5. There is rarely anything else to submit as supporting evidence and section 7 of our PG6 on the subject explains what details we require.

Invariably those details are as per what you have posted here, namely what has happened to the joint owner, how his share passed to you both, how you bought out your sister's share, how no one else now has an interest in it etc

I very much suspect that the advice we have already provided is as above although perhaps worded more formally. Whilst I can appreciate that it can sometimes be seen as 'vague' this is because we are not able to give you legal advice and our expertise does not cover wills/inheritance for example.

I would therefore recommend reading the guidance, work through the details requested and don't look any further than that at this stage. You may be searching for something 'extra' which you may not need

But we can't do any more than guide you as per PG6 so until you make that application we cannot say Yes/No as to the evidence provided.

chancooluk

Thanks for your help it is very much appreciated.