Adding Spouse to Property Deeds.

Shylock

I need to add my Spouse to the Deeds/Title for our home, which is freehold and mortgage free.  Our usual Solicitor has quoted £400+VAT plus Land Registry fees which seems expensive.  Another I've approached has said we'd need two Solicitors, one for me and one on behalf of my wife!  There's a "DIY" Guide on the Government Web-site but it's not very clear to follow.  Are these solicitors fees typical for this work or does anyone have a link to a DIY Guide that's easy to follow?  And would I really need two solicitors?

doodling

Hi,

I can't comment on pricing.

You should only need two solicitors if there is any disagreement between you and your wife about what should happen or if what you are proposing would be particularly detrimental to one of you.  That is unlikely to be the case in the gifting of half a house from husband to wife (its still a marital asset).  It is also no different in practical terms to a married couple buying their first house together with uneven deposit contributions (which in general does not require separate solicitors).

In your case there is a small risk of detriment to you if the marriage has been very short and there is a risk of divorce (short marriages may not imply an even split of assets and there would be a debate about whether your finances before or after the gift are considered in the split) but in general suggesting two solicitors feels a little paranoid.

canaldumidi

Easy. Complete forms + fee & send to land registry:

TR1

ID1

AP1

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/808730/TR1__2019-06-17_.doc

and guide here:

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

Sorted.

Shylock

doodling said:

Hi,

I can't comment on pricing.

You should only need two solicitors if there is any disagreement between you and your wife about what should happen or if what you are proposing would be particularly detrimental to one of you.  That is unlikely to be the case in the gifting of half a house from husband to wife (its still a marital asset).  It is also no different in practical terms to a married couple buying their first house together with uneven deposit contributions (which in general does not require separate solicitors).

In your case there is a small risk of detriment to you if the marriage has been very short and there is a risk of divorce (short marriages may not imply an even split of assets and there would be a debate about whether your finances before or after the gift are considered in the split) but in general suggesting two solicitors feels a little paranoid.

Thanks doodling,

It's a long term, 30yrs +, marriage but the only possible issue is that I owned the property as my home before we got married. Consequently I'm not sure if it's viewed as a "marital asset"? We should probably have dealt with this at the time but have only just got around to thinking about Inheritance planning etc..

MrsBrush

Make sure you pay your solicitors bill!!
And to safeguard yourselves, get a second solicitor for your partner - it is cases like mine that prove why it is needed.

My first husband used this brilliant trick against me - I was supposed to have been added to the deeds following being able to take out an additional loan as a second charge against his house (same lender). However, little did I know at that point he was a master manipulator / con artist, so all went through, the funds drawn down into the joint account and I had assumed all was well.
Until the house was sold a year or so later, loans etc paid off from the proceeds, but I found out later that my name had never been added to the deeds, because he didn't pay the solicitors bill as he was supposed to, and had forged my signature to remove me from the joint bank account. This meant that it looked as though the proceeds of my house that had previously been sold and the loan that I had taken were all in an account in his sole name, which was then paid towards the deposit on this house (also bought in my name). Took a massive amount of untangling, but eventually managed to prove where the money had come from - so I didn't lose the house in the divorce. But it was a close call.

*health warning* Obviously, there is no indication that 99.9% of people would even consider cooking up a scheme like this, so there is no insinuation at all for the OP or anyone else that this might be a possibility. Just an explanation of why 2 representatives is a good idea. There was only 1 in my case, at his insistence - no surprise!

canaldumidi

Easy enough to post off the forms together.

And check the Land Registry record has been updated.

Yes it's a 'marital asset' if you've been living in it as a married couple for 30 years!

Shylock

canaldumidi said:

Easy enough to post off the forms together.

And check the Land Registry record has been updated.

Yes it's a 'marital asset' if you've been living in it as a married couple for 30 years!

Looking at that Guide you posted the Link to, you still have to have the ID1 forms processed by a Conveyancer?  Or at a Land Registry local office appointment, which they're not offering at present due to Covid.

canaldumidi

Would you rather pay a solicitor £400 to complete the transaction, or £10-£15 to verify your ID?

But anyway, read:

Practice guide 67A: temporary changes to HM Land Registry

samal

It's an old post but may I ask for help on this topic please

Currently rented property in my name only, wish to add spouse's name as Joint Tenancy.
are the correct forms AP1, TP1 & ID1?
thanks

propertyrental

samal said:

It's an old post but may I ask for help on this topic please

Currently rented property in my name only, wish to add spouse's name as Joint Tenancy.
are the correct forms AP1, TP1 & ID1?
thanks

No.
TP1 is Transfer of Part. I assume it's the whole property you are transferring into joint names?

TR1

theartfullodger

Obviously relationship never fail nor do couples ever fall out.

Artful: Now on his 3rd successive marriage....

Divorces can be expensive...