Remove someone from a property deed

AskAsk

I am going to buy out my husband from the family home as part of our divorce.  Do I need to instruct a solicitor to remove the name or can we do it outselves?

There is no mortgage on the property and I will be transferring cash to him for the buyout.

We are doing an amicable divorce so we are not instructing a solicitor, except to draft the consent order (financial agreement) to submit to the court.

propertyrental

Micable is a private company and as such not qualified to oversee divorces.

AskAsk

propertyrental said:

Micable is a private company and as such not qualified to oversee divorces.

sorry, mistype!  An amicable divorce.

I am not sure if you can remove someone's name from a Deed without instructing a solicitor even in normal circumstances?  I know you can add someone on by completing the land registry forms yourself if there is no money involved, but I guess as there is money involved here, we would have to instruct a solicitor.

theartfullodger

It's probably possible to do it yourself but when we are talking (presumably) assets (house) worth a lot and significant sums being transferred i'd prefer to pay a decent solicitor to do the paperwork.  i.e. one specialising in changes of ownership AND family separation/divorce. 

No solicitor involved in the divorce??

Hope it all works out (on my 3rd "successful" marriage...)

AskAsk

theartfullodger said:

It's probably possible to do it yourself but when we are talking (presumably) assets (house) worth a lot and significant sums being transferred i'd prefer to pay a decent solicitor to do the paperwork.  i.e. one specialising in changes of ownership AND family separation/divorce. 

No solicitor involved in the divorce??

Hope it all works out (on my 3rd "successful" marriage...)

If there is no dispute and you can agree the asset split, you can do it yourself now with the new laws, where you can apply jointly and do the whole process together.  You can also employ companies that will do all the paperwork for you, but they are not acting as your solicitors, they work for you only if you act as a couple.  I guess you are right, it is best to get a solicitor or a company mentioned to do it.

mebu60

It's almost 20 years since my divorce but I seem to recall we booked an appointment with a Land Registry office and went together with id etc. Might be worth calling them to see if that is still an option.

AskAsk

mebu60 said:

It's almost 20 years since my divorce but I seem to recall we booked an appointment with a Land Registry office and went together with id etc. Might be worth calling them to see if that is still an option.

That is a good point.  I will contact them and ask if they offer this facility.

propertyrental

https://www.gov.uk/guidance/completing-forms-id1-and-id2

AskAsk

propertyrental said:

https://www.gov.uk/guidance/completing-forms-id1-and-id2

That would suggest that even if you go to the landline registry office, you would need the solicitor to complete the ID forms anyway.

mebu60

AskAsk said:

mebu60 said:

It's almost 20 years since my divorce but I seem to recall we booked an appointment with a Land Registry office and went together with id etc. Might be worth calling them to see if that is still an option.

That is a good point.  I will contact them and ask if they offer this facility.

I have a vague memory that they took my ex off at one point to be interviewed separately as the property was being transferred to my sole name. Was all quite straightforward as best as I can recall. Good luck. 

Land_Registry

You don’t have to use a conveyancer but it’s always advisable to do so as they are familiar with the forms/process, can offer legal advice re wider matters and verify your identities 
https://customerhelp.landregistry.gov.uk/guide-page-external/?stepid=0289ac56-bb82-eb11-a812-000d3ad48f95&kbonly=true&setanswer=
We don’t verify identities ourselves