title transfer not registered

shaunandelly

Mum is transferring a property to me but it isn't registered. (long time family owned property no mortgage). Does it have to be registered by herself,then wait for that to work through then do a transfer or do I just register it under my name from the off?
Cheers
ps, she has the deeds.
pps it is her residential property and there are other properties.

G_M

title transfer no deeds

shaunandelly wrote: »

....
ps, she has the deeds.
.

Which?

Yes deeds or no deeds?!

It can be done either way. Either

* she can do a voluntary 1st registration in her name, and then sell/transfr it to you, or

* she can sell/transfer it to you and you do a compulsory 1st registration

See also

https://www.gov.uk/government/publications/first-registrations/practice-guide-1-first-registrations

shaunandelly

sorry,has deeds not registered.

shaunandelly

Oh and for good measure we have a deceased joint owner with my mum prior to that (my dad). Deeds in both names. Auto going to mum.
Confused on second option in reply though. R u saying that she can do a tr1 even though not registered then after that goes through I do a compulsory first reg?

G_M

shaunandelly wrote: »

Confused on second option in reply though. R u saying that she can do a tr1 even though not registered then after that goes through I do a compulsory first reg?

Did you read the link?

* she can do a voluntary 1st registration in her name, using FR1, providing the Deeds, and any necessary Grant of Probate for deceased owner etc.. Once the property is registered, she can then sell/transfer it to you, and you register it in your name via a TR1 (transfer from her to you) or

* she can sell/transfer it to you and you do a compulsory1st registration, using FR1, supported by the Contract of Sale (plus Deeds etc).

Given your questions, I'd advise you to use a solicitor for the 1st Registration, whichever way you go.

shaunandelly

Thanks for your advice. land registry say that the practice guide is primarily meant for professionals,so you'll excuse me for trying to clear things up.I guess the easy option is always going to the professionals, but then again what would be the point of sites like this.....

Keep_pedalling

Is this a second home? and if so is she aware of her potential capital gains tax liability in transferring the property?

00ec25

shaunandelly wrote: »

Thanks for your advice. I guess the easy option is always going to the professionals, but then again what would be the point of sites like this.....

indeed, however we cannot do it for you, and therefore always better if those who post read the guides and links provided rather than be spoon fed step by step

making a wild guess as to the circumstances and asking more questions because the answers matter:
- the property is one which you mum and dad lived in as their main home?
- after you dad died your mum carried on living there and will continue to do so after she gives the property to you?
- you do not live there and will not live there after it is transferred to you?

why does she want to do this? what does she think she is achieving?

It may be a pointless transfer if she thinks she is avoiding inheritance tax or care home costs because, in many cases, she won't

xylophone

Your widowed mother is currently living in the family home.

She owns other properties as well.

She wants to transfer ownership of the family home to you. Why does she wish to do this?

Does she intend to continue to live in the property rent free?

Or is she moving elsewhere?

Do you intend to live in the property?

G_M

shaunandelly wrote: »

Thanks for your advice. land registry say that the practice guide is primarily meant for professionals,so you'll excuse me for trying to clear things up.I guess the easy option is always going to the professionals, but then again what would be the point of sites like this.....

It seems the purpose of your post is to avoid using professionals.

No bad thing, and this site supports that as a moneysaving option where the circumstances would genuinely result in saving money.

But if you cut out the professional, you have to be prepared to take on their role! Hence reading a Land Registry guide aimed at professionals is essential.

If the guide is beyond you, then I suggest you are not sufficiently competant to take over the professional's role, and risk losing, not saving, money.

Hence my later advice to use a professional in this case.