Transferring property ownership 24 October 2022 at 11:25AM in Deaths, funerals & probate 5 replies 245 views

Jf310

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. 

Land_Registry

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.  

https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=4ca13e07-9982-eb11-a812-000d3ad48f95&kbonly=true&setanswer=

msb1234

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

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

Keep_pedalling 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?

Keep_pedalling

poppystar said:

Keep_pedalling 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.