adding wife to property deeds

Land_Registry

buncers said:

Trying to do the same thing. Filled in all the forms suggested. Do I have to attach a copy of the title deeds (official copy)?

No - as we are the holders/keepers of the land register we don't need any copies

EssexHebridean

The AP1 is the actual application document which is why it’s needed in additional to the transfer. 

And the land reg have a duty to ensure that ID compliance has been met - hence the additional documents for ID purposes. 

If you have issues finding someone to do the necessary on an ID3 form it is worth checking whether you could also use ID1’s which you could get done for a fee at a local solicitors firm - I imagine @Land_Registry can confirm. 

kokolino23

Hello,

After 7 months we finally had a letter from Land Registry and they're not happy with our application?! I don't know what we did wrong hence we're asking for help here, please.

The house is mortgage free, my name is on the title register and I'd like to transfer half of it to my wife, also have her name on the title.

I went through their guidance as below:

https://www.gov.uk/government/publications/change-the-register-ap1/guidance-completing-form-ap1

We sent them AP1, TR1 and ID3.

In the letter sent to us, they've mentioned the below:

1. Issue: It is unlear from your application whether the value stated on your application is the full value of the property or the share transferred.

Action needed:

Please provide all of the following:

- the full value of the property

- the amount outstanding on the mortgage (if any) and, based on this

- the value of the shared transferred

- you have paid a fee of £70 in respect of your application. If the information you provide means the fee is under paid please remit a cheque of the outstanding balance as required. If however the information you provide means the fee has been overpaid we will issue a refund as required.

Points to note:

- the fee for the registration of the transfer is payable under Scale 2 of the Land Registration Fee Order on the value of the share transferred (not the whole of the property).

This example shows how the fee is calculated:

John Smith transfers a property by gift to himself and Sharon Jones. The value of the land is £250,000. There is £100,000 outstanding on the charge (see below for definition of an outstanding charge).

Take the value of the charge (£100,000) away from the property value (£250,000), and divide by the number of shares.

The value of the share is £75,000, and the fee is payable on this value.

If there was no charge, divide the property value (£250,000) by the number of shares (2). The value of the share would therefore be £125,000, and the fee is payable on this value.

My points:

- There is no option in forms AP1 or TR1 to mention the outstanding on the mortgage. If we had any mortgage left, the title would not be on my name and they can easily check this because when I've finished the mortgage, we had a letter from the lender to say they will inform Land Registry about it. If there was an outstanding mortgage, the lender would usually hold the deeds, once the mortgage was paid off then the lender would normally discharge it.

- I did mention the full value of the property on form AP1 Panel 4, they can also check to see how much the property was sold for, this is public information.

- There is nothing on the forms AP1 or TR1 regarding the value of the share transferred

- In relation to the fee, we've followed their guidance

HM Land Registry: Registration Services fees - GOV.UK

Examples: properties with no mortgage

1. John Smith transfers a property by gift to Sharon Jones, it is worth £200,000. The fee is assessed on the full £200,000 value and payable under Scale 2.

2. John Smith transfers a property by gift to himself and Sharon Jones in equal shares. It is worth £200,000. The fee is assessed on half the value of the property (£100,000), and payable under Scale 2.

Scale 2 fees

Value or amount                              Apply by post

£100,001 to £200,000                       £70

If the house value is £360,000 half of it is £180,000 therefore the fee is assessed on half the value of the property.

Thanks a lot

Land_Registry

It reads as if the request is for you to confirm the full market value of the property. If that’s the amount you stated on form AP1 then confirm that in writing. 

The request is a generic one hence the mortgage (if any) is mentioned. Simply confirm that there is no outstanding mortgage so the fee is assessed on half the current value only