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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 288
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I own a flat with no mortgage. I have owned it years. It is

Customer Question

I own a flat with no mortgage. I have owned it for 20 years. It is in my name only. I live there with my wife. I wish to change the ownership to joint tenancy with my wife. Is this possible?
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Hello Alex

Thanks for you question.

This is possible.

I am assuming that the property is 'registered'.

You do this as follows:

1. Complete form TR1. The transferor is you and the transferee are you and your wife. There is a panel for consideration but it is ok to transfer for a nominal sum, say £1. You then mark the appropriate statement in panel 10 as to how you wish to hold the property. Joint tenants or tenants in common. Only you need to sign the transfer but there is specific wording for the execution clause.

Signed as a deed by xxxxxxx

In the presence of:

Witness signature

Witness name

Witness

Address

You sign in the presence of a witness, who must be over the age of 18 and not related to you. Witness signs, prints name and address

2. Complete form AP1. This form you send to the land registry with the TR1 and £40 fee. Now if you do this yourself you need to fill out form ID1 which you and your wife need a separate one each and get it signed off by a solicitor. It is to confirm ID. Solicitor will probably charge at least £5 each to sign off the form, you have to pay this in cash.

3. Send AP1, TR1, £40, ID1 to land registry and they will register the transfer from you to you and your wife.

4. Check your lease, you probably have to send a notice of transfer to the landlord stating the date on which you transfered the lease to yourself and your wife, there is a standard form which you can find on line or just do it by letter, in duplicate asking the landlord to acknowledge receipt by signing and returning the duplicate copy. The landlord normally charges a fee for this so check with your landlord first.

That is it.

Do you have any questions or queries in respect if my answer.

I am happy to assist further.

The website works by accepting / positive rating answers. Please can I ask you to take a moment and rate my response. Thanks

propertylawyer and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Before I give a rating, I would like to complete the conversation. I am satisfied so far.
Customer: replied 1 year ago.
Dear Property LawyerThank you for your excellent answer.Sorry. I got interrupted. My extra questions were
1. Will stamp tax be payable?
2. What is the 'exact wording' you referred to? Is it what you wrote: 'Signed as a deed by....etc'
3. Upon death of one party of a joint tenancy, how does the surviving tenant acquire sole ownership?
Expert:  propertylawyer replied 1 year ago.

1. No

2. Yes. Signed as a deed by insert name, in the presence of:

3. If joint tenants then automatically. If you went for tenants in common then you need to leave the share to the survivor in a will.

Hope this helps. Let me know if you have any queries

Customer: replied 1 year ago.
the survivor would simply submit a copy of the death certificate to the land registry?
Expert:  propertylawyer replied 1 year ago.

Yes, that' s correct.