Land Registry Labyrinth (help needed: on a budget)

Quietearth

Hi

Wondering if anyone can help me with the Land Registry labyrinth?

Although I’ve been divorced for 14 years, I’ve just discovered that my ex-husband’s name is still on the Title deeds!  Stunned isn’t the word.  As part of the divorce proceedings, in 2011, there was a court order stating that my ex must give up his legal interest in the property; I thought my solicitor had dealt with this.  So now I have to make an application to HMLR for transfer of equity.  Thankfully my ex is understanding and happy to cooperate.  However, I’m struggling to find any advice or guidance.  Being on a low income, I can’t afford to take this to a solicitor and am attempting to do it all myself.  I did try emailing HMLR but the following questions were seen by them as legal advice, which they’re not allowed to give.  I’d really appreciate it if anyone could help me with the following.    

1.     Does my ex-husband need to inform HMLR of his change of address before I can even proceed with the application?  I still live at the property in question, but, obviously, he hasn't for the past 16 years. 

2.     I have used a slightly different spelling of my first name for the past 40 years.  My passport and birth certificate have the original spelling.  My driving licence, bank accounts, household bills and Title deeds all have the modified spelling.  Will this cause a problem for verifying identity and how can this be resolved?

 3.     How can I find out if my past lender discharged the mortgage, which I paid off in 2017?  I have downloaded a copy of my property’s Title deed but it doesn’t mention anything about charges/mortgages etc.  Nor does the mortgage redemption letter I received from the building society in 2017 mention discharging the mortgage. 

4.     If my past lender didn’t discharge the mortgage, is this something I will have to do?

5.     In 2011 when my decree absolute came through, there was a court order that stated my ex-husband had to give up his legal interest in the property.  As I have this court order, will I be exempt from SDLT and Capital Gains Tax?

6.     Am I both a Transferor and a Transferee, when it comes to filling in the HMLR forms?

7.     If I’m sending TR1, AP1 and ID3, what documentary evidence will HMLR need from me?  A copy of the court order?  Decree Absolute?  Copy of passport?

8.     Again, looking at the Title deeds there do not seem to be any “additional provisions” but how can I be sure?

9.     Re “Consideration” on TR1, do I tick the third box indicating no money has changed hands?   I retained the family (the children’s) home and my ex had the family business. 

10. Where else might I go to get advice about making this application?  Some of the legalese on the forms is bewildering.

 

Many thanks.

 

tacpot12

I'm not complete sure about this, but I think the answer to Q1 is No. Your husband doesn't need to inform HMLR of his change of address before the transfers goes through. I beleive that your husband will need to have his identify verified by a Solictor. This will involve completing an ID1 form (and an ID5 if the idendity check is done online). You will also need to a Solicitor to complete these forms for you. The cost of the identiy checks done onlien was about £70 a person when I did this a couple of years ago. The id check for you should address Q2. I doubt the HMLR will query it if the solicitor has checked your identity and is happy that the are the current owner of the property.  

As for Q6, you will be both a Transferor and a Transferee when completing the HMLR forms.

Are you sure that there are no charges registered on the Title Deeds, if not, then no-one, other than your husband has an interest in the property. 

MarzipanCrumble

From memory there is someone from the Land Registry who posts on this forum and (I think) has an official sanction from the forum.  Might be worth a seach - and then PM them.

Had a quick search and here s/he is - currently active too!
https://forums.moneysavingexpert.com/profile/1831547/Land_Registry

Land_Registry

Quietearth said:

Hi

Wondering if anyone can help me with the Land Registry labyrinth?

Although I’ve been divorced for 14 years, I’ve just discovered that my ex-husband’s name is still on the Title deeds!  Stunned isn’t the word.  As part of the divorce proceedings, in 2011, there was a court order stating that my ex must give up his legal interest in the property; I thought my solicitor had dealt with this.  So now I have to make an application to HMLR for transfer of equity.  Thankfully my ex is understanding and happy to cooperate.  However, I’m struggling to find any advice or guidance.  Being on a low income, I can’t afford to take this to a solicitor and am attempting to do it all myself.  I did try emailing HMLR but the following questions were seen by them as legal advice, which they’re not allowed to give.  I’d really appreciate it if anyone could help me with the following.    

1.     Does my ex-husband need to inform HMLR of his change of address before I can even proceed with the application?  I still live at the property in question, but, obviously, he hasn't for the past 16 years. 

2.     I have used a slightly different spelling of my first name for the past 40 years.  My passport and birth certificate have the original spelling.  My driving licence, bank accounts, household bills and Title deeds all have the modified spelling.  Will this cause a problem for verifying identity and how can this be resolved?

 3.     How can I find out if my past lender discharged the mortgage, which I paid off in 2017?  I have downloaded a copy of my property’s Title deed but it doesn’t mention anything about charges/mortgages etc.  Nor does the mortgage redemption letter I received from the building society in 2017 mention discharging the mortgage. 

4.     If my past lender didn’t discharge the mortgage, is this something I will have to do?

5.     In 2011 when my decree absolute came through, there was a court order that stated my ex-husband had to give up his legal interest in the property.  As I have this court order, will I be exempt from SDLT and Capital Gains Tax?

6.     Am I both a Transferor and a Transferee, when it comes to filling in the HMLR forms?

7.     If I’m sending TR1, AP1 and ID3, what documentary evidence will HMLR need from me?  A copy of the court order?  Decree Absolute?  Copy of passport?

8.     Again, looking at the Title deeds there do not seem to be any “additional provisions” but how can I be sure?

9.     Re “Consideration” on TR1, do I tick the third box indicating no money has changed hands?   I retained the family (the children’s) home and my ex had the family business. 

10. Where else might I go to get advice about making this application?  Some of the legalese on the forms is bewildering.

 

Many thanks.

 

1, No
2. It will be something you need to resolve with whoever verifies your identity, Forms ID1/ID3 explain what evidence of identity is required and your name should match that shown on the register. If it doesn't then you will need to submit certified copies of the appropriate evidence re your name to confirm the details then provided in the forms TR1/AP1 so that the register can be updated re your correct legal name when the property is also transferred.
3. If the register doesn't refer to the mortgage then you know it has been discharged/removed
4. NA
5. Contact HMRC
6. You are both Transferors and you are then transferring the whole of the legal ownership to just you as a Transferee
7. We don't require a copy of the court order (see 9 below though), decree absolute or passport. The forms explain what's required and so too does our online guidance Registering land or property with HM Land Registry: Change the registered owner name - GOV.UK
8. I assume you mean panel 11 of the form TR1. The guidance notes on completing form TR1 explain more
9. The guidance notes again explain how to complete the form - if no monies have changed hands then you can tick the third option and state 'pursuant to a court order dated .....' for example and enclose a certified copy of the court order
10. Whilst I understand the need to save costs you are dealing with your biggest asset, your home. The online guidance explains how to complete the forms and if you remain unsure of the legalese/guidance then please do consider using a conveyancer to complete matters for you. They are familiar with the forms/process and can assist with any explanations and more

Albermarle

The thread is in the wrong forum. It should be here .

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