Transferring a property and MIL

Land_Registry

lookstraightahead wrote: »

Ok so an update. Solicitor still has the deeds. The house is in joint names (joint tenants not tenants in common). It has not been registered with the land registry and was not officially transferred to MIL from FIL upon his death. He left a will leaving everything to MIL. Solicitor is getting a conveyancing solicitor to call me back to talk about registration etc. Their son (my husband) has power of attorney. Should we get a copy of the deeds and transfer the property into her name and register it with the land registry now, or will this all happen automatically when the property is sold?

The house won't be needed for care home fees, she will spend her remaining time there.

If the purchase deed was in joint names then he legal ownership has passed to the MIL as explained previously. You don’t then transfer into her name.

Whilst some buyers may be happy to buy an unregistered property in such cases nowadays many are not and ask you to register it first.
I suspect that is why the solicitor has suggested that you do that now or it’s just part of the service they offer.
If you have a confirmed buyer then worth asking them. If you haven’t sold/marketed it yet then getting it registered might be the way to go here but see what the solicitor advises

lookstraightahead

Thank you for everyone's help.