Removing a name from a House title deed

[999gsi]

I'm looking for advice please. My partner and I are both on the mortgage deed for our house. My partner is moving out and I will be buying her out and paying off the mortgage. I will then be the only name on the deeds and will be mortgage free

Everything is amicable, we are staying together as a couple but unfortunately living together didn't work out. I need to take her name off the title deeds. Looking on the internet at solicitor websites and sites say I need a solicitor others say I don't.

Has anyone been through this situation and could advise me. I gather I will need to complete a TR 1 form and send it off with a fee (I cant find out how much) do I need to complete any other forms ?

[Clockwork Cupcake]

I'd have thought that someone who can afford buy out their partner and still be mortgage free can afford to chuck £100 tops (probably much less) at a conveyancer to sort it out. It's bread and butter stuff for them. Why bother trying to do it yourself?

Get it wrong and it'll cost you far more in the long term, believe me. Feels like a false economy to be thinking about doing it yourself.

Edited by Clockwork Cupcake on Wednesday 9th October 22:14

[TVRnutcase]

100 - WTF - that wont even cover the file fee - but even if it is 1,000 it would still be cheap - The house is possibly your major asset - there is so much not known in your post, and even more to go wrong.

Yes - you may be able to do it all yourself - but is so much that could go wrong.

Sure - everyone may tell you a solictor may stir the pot - you need to be very firm and clear with your instructions.

At least if you take advise you can then choose what you want to listen to.

[bladebloke]

110%, do not try to do this as a DIY job - engage a decent conveyancer.

The transfer will need to include the necessary provisions the make clear that the other person is transferring the whole of their beneficial interest to you (and not just the legal title), leaving you as the sole legal and beneficial owner. Assuming you're currently holding the house as tenants in common, there will be a 'Form A restriction' on the title which will need dealing with (i.e. removing) too, and the Land Registry can sometimes require a bit of convincing that is justified.

[carinatauk]

When I did this, I ended up with having to use a Solicitor.

[skyebear]

+1 for use a solicitor.

[Alex_225]

I actually did something similar with my ex.

We'd initially bought the house together but I already owned 1/3 and our mortgage/equity split was on the remainder. We separated, she moved out and once the mortgage deal ended, as agreed, I proceeded to remove her from mortgage and deeds.

At the time of her moving out, we had agreed what we felt the value of the house was vs the mortgage and extension on the mortgage which I was left to cover. She was paid out at the time.

To actually remove her from the deeds, I had a solicitor draft up a letter and she had one witness the signing from her side. That was it but I really couldn't recall the cost.

The only advice I would give is getting the property valued as despite the agreement we made at the time, once my ex had someone else in her ear she turned up one day and demanded another £10k. She was chancing her arm as I'd said if the agreement we made was unfair then we can revert to our solicitors and pick up from there but that never happened.

[Clockwork Cupcake]

During my divorce, we moved from Joint Tenants (you have equal rights to the whole property) to Tenants in Common (you have separate shares in the properly), then my solicitor drew up a Deed of Trust (aka Declaration of Trust) that basically said I had 100% financial interest in the property, and then when the mortgage was redeemed I got a Conveyancer to do the Land Registry stuff to put the deeds in my sole name. Couldn't make the change at Land Registry whilst there was a mortgage in joint names.

When I mentioned a figure of £100 I was referring only to a Conveyancer doing the Land Registry stuff as that's what the OP seemed to be asking about.

So that is 3 things you need to consider:

• Tenants in Common
• Deed of Trust
• Land Registry

See this link for more information on the difference between Joint Tenants and Tenants in Common
https://www.gov.uk/joint-property-ownership

edit: Oh and draw up a Will

Edited by Clockwork Cupcake on Thursday 10th October 16:19

[K4sper]

Very very strongly suspect that you will need a solicitor in order to verify the identities of you and your partner before the land registry process the transfer - many solicitors / conveyances will be reluctant to do this unless they are involved in the actual conveyance

[KungFuPanda]

I helped my parents do the same thing last year. We got a conveyancing solicitor to do it and it was around £1k.

Don’t mess around trying to do it yourself.

[KungFuPanda]

Clockwork Cupcake said:

During my divorce, we moved from Joint Tenants (you have equal rights to the whole property) to Tenants in Common (you have separate shares in the properly), then my solicitor drew up a Deed of Trust (aka Declaration of Trust) that basically said I had 100% financial interest in the property, and then when the mortgage was redeemed I got a Conveyancer to do the Land Registry stuff to put the deeds in my sole name. Couldn't make the change at Land Registry whilst there was a mortgage in joint names.

When I mentioned a figure of £100 I was referring only to a Conveyancer doing the Land Registry stuff as that's what the OP seemed to be asking about.

So that is 3 things you need to consider:

• Tenants in Common
• Deed of Trust
• Land Registry

See this link for more information on the difference between Joint Tenants and Tenants in Common
https://www.gov.uk/joint-property-ownership

edit: Oh and draw up a Will

Edited by Clockwork Cupcake on Thursday 10th October 16:19

Why are you confusing matters by discussing Joint Tenants or Tenants in Common? The OP is going to be the sole owner of the property. All he wants is for his partner to be removed from the title deeds.

[Clockwork Cupcake]

KungFuPanda said:

Don’t mess around trying to do it yourself.

Indeed. It's like running a Limited Company and not having an accountant. Whilst it is perfectly legal and possible, you'd have to be an absolute mug to do so if you weigh up the pitfalls involved, and the financial penalties for getting it wrong, compared to the cost of engaging an accountant.

[OutInTheShed]

Clockwork Cupcake said:

KungFuPanda said:

Don’t mess around trying to do it yourself.

Indeed. It's like running a Limited Company and not having an accountant. Whilst it is perfectly legal and possible, you'd have to be an absolute mug to do so if you weigh up the pitfalls involved, and the financial penalties for getting it wrong, compared to the cost of engaging an accountant.

It's not really comparable.

Counting your own beans is quite easy in the main, once you've had experience of paying an accountant to do very little for a few years.

Whereas most ordinary people only split up once, with any luck.

[Clockwork Cupcake]

OutInTheShed said:

It's not really comparable.

Counting your own beans is quite easy in the main, once you've had experience of paying an accountant to do very little for a few years.

Whereas most ordinary people only split up once, with any luck.

Whatever. I don't see the point of keeping a dog and barking. I have better things to do, like running my business.

My point was that the risks outweigh any potential cost savings.

Either way the OP would be a mug not to use a Solicitor for this.

Edited by Clockwork Cupcake on Thursday 10th October 20:04

[KungFuPanda]

Clockwork Cupcake said:

OutInTheShed said:

It's not really comparable.

Counting your own beans is quite easy in the main, once you've had experience of paying an accountant to do very little for a few years.

Whereas most ordinary people only split up once, with any luck.

Whatever. I don't see the point of keeping a dog and barking. I have better things to do, like running my business.

My point was that the risks outweigh any potential cost savings.

Either way the OP would be a mug not to use a Solicitor for this.

Edited by Clockwork Cupcake on Thursday 10th October 20:04

I’m with you. I’m a solicitor myself however I dealt with civil litigation and RTA’s. Even then, I still went with a conveyancing solicitor to do the work because I didn’t want to f*ck up my parent’s divorce and make the whole experience ten times worse.

In a similar vein I’m at the age where I’d prefer to pay people to do a good job and well. I’m still capable of doing a lot of DIY and car maintenance jobs but nowadays value my spare time so would rather pay someone to do any jobs that are required and spend my free time doing what I want.

[Clockwork Cupcake]

KungFuPanda said:

In a similar vein I’m at the age where I’d prefer to pay people to do a good job and well. I’m still capable of doing a lot of DIY and car maintenance jobs but nowadays value my spare time so would rather pay someone to do any jobs that are required and spend my free time doing what I want.

Well, quite. I have the skills, knowledge and tools to mow the lawn but I pay a gardener. Why? Because I fking hate mowing the lawn and I'd rather do something with my free time that I enjoy.