Divorce and Transfer of Deeds

GillyEdmonds

My husband and I own two houses. Property one is the marital home and the deeds are still held in his name and my maiden name. Property two was bought after marriage and the deeds are in his name and my married name. We are seeking a divorce and have agreed between us how to split the assets etc. We need to put property one in his name and property two into mine. Is this easy to do or would we need to go through a conveyancing solicitor? I've had a quick look at the TR1 form but it looks rather complicated especially as the deeds are in different names.

G_M

The different names are irrelevant. Providing you can prove who you are to the Land Registry (form ID1) it does not matter which names are on the Deeds or which name you use.

I'd advise a solicitor if there is any ongoing argument, and do it as part of the formal divorce settlement. Also if there are mortgages involved, that will add complications as you'll need the lender(s) permission and solicitor.

But if it's all amicable, and all agreed by both sides, and nomortgage, the actual process is easy:

* TR1
* AP1
* ID1

See the guide here

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

GillyEdmonds

G_M - Thanks for your reply. It is amicable and there are no mortgages so that should make it easier. Do you know if it is ok to do the transfers whilst we are still married without tax implications or stamp duty etc?

00ec25

GillyEdmonds wrote: »

Do you know if it is ok to do the transfers whilst we are still married without tax implications or stamp duty etc?

but in your other posts you said you separated 8 years ago, so the no gain no loss rule no longer applies

https://www.gov.uk/government/publications/husband-and-wife-civil-partners-divorce-dissolution-and-separation-hs281-self-assessment-helpsheet/hs281-spouses-civil-partners-divorce-dissolution-and-separation-2016