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Transferring property ownership

Hi, my father passed away a few years back with no will. My mum was granted probate and the house needs to be transferred to her. Purchased as their family home, the property was solely owned by my father and his name is the only one on the land registry. There is around £3k left on a mortgage with Halifax and the term has recently ended. We approached Halifax after his passing to provide evidence of his passing and to get advice and they have been wholly unhelpful, and even when complaining in writing, they have not told us our options. My mother has been battling cancer for some time and is quite poorly too so I know she will need my assistance with this. 
Does anyone know what I need to do to transfer the name of the property owner to my mum? Do I need to speak to the mortgage provider first? 
Do I need to submit anything to HM Land Reg? 
I would appreciate any help as it’s all very confusing. 

Comments

  • Land_Registry
    Land_Registry Posts: 6,133 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Jf310 said:
    Hi, my father passed away a few years back with no will. My mum was granted probate and the house needs to be transferred to her. Purchased as their family home, the property was solely owned by my father and his name is the only one on the land registry. There is around £3k left on a mortgage with Halifax and the term has recently ended. We approached Halifax after his passing to provide evidence of his passing and to get advice and they have been wholly unhelpful, and even when complaining in writing, they have not told us our options. My mother has been battling cancer for some time and is quite poorly too so I know she will need my assistance with this. 
    Does anyone know what I need to do to transfer the name of the property owner to my mum? Do I need to speak to the mortgage provider first? 
    Do I need to submit anything to HM Land Reg? 
    I would appreciate any help as it’s all very confusing. 
    I’m sorry to read of the issues you are facing. If the mortgage is still in place you are very likely to need more from Halifax including the original deeds/documents to prove your late Father’s ownership 
    Once you have those then our online guidance explains how the executor can transfer ownership to Mum and register for the first time.  
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • msb1234
    msb1234 Posts: 609 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Was your mum’s name on the mortgage? If not, the mortgage company would have expected it to have been repaid at the death of her husband. If so, did she not continue to pay it? there will still be a charge on the property, which will make it very difficult to put it in her name.
  • Keep_pedalling
    Keep_pedalling Posts: 20,586 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 24 October 2022 at 8:16PM
    If you are able the best thing you / your mum can do is clear that small mortgage, something that should have been done at the time of his death.

    How much is the house worth? If his estate was worth more than £250k at the time of his death then under intestacy rules the whole estate would not be inherited by your mother so it is possible she is not the sole owner.
  • poppystar
    poppystar Posts: 1,616 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If you are able the best thing you / your mum can do is clear that small mortgage, something that should have been done at the time of his death.

    How much is the house worth? If his estate was worth more than £250k at the time of his death then under intestacy rules the whole estate would be inherited by your mother so it is possible she is not the sole owner.
    Think there should be a ‘not’ in that last sentence?
  • Keep_pedalling
    Keep_pedalling Posts: 20,586 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    poppystar said:
    If you are able the best thing you / your mum can do is clear that small mortgage, something that should have been done at the time of his death.

    How much is the house worth? If his estate was worth more than £250k at the time of his death then under intestacy rules the whole estate would be inherited by your mother so it is possible she is not the sole owner.
    Think there should be a ‘not’ in that last sentence?
    There is but there should be 2 nots. Typo now corr3cted.
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