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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10603
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Alex I own a mortgage free property and want my wife to

Customer Question

Hi Alex
I own a mortgage free property and want my wife to be included in the title so that we jointly own the property. She will not need to pay for this transfer. The property is a shared freehold. what do i have to look out for in the TR1 form? Where would it be clear that she will own 50% of the flat?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

I note you say you have a share in the Freehold. Are you wishing your wife to be a shared Freeholder also, or are you just wishing to add her to the Leasehold title?

Kind Regards

Al

Customer: replied 2 years ago.
She should also be sharing the freehold
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

You will need to prepare 2 TR1's (one for the Leasehold and one for the Freehold).

As regards ***** ***** point, this is covered by panel 10 on the TR1.

You can either select to hold the property as Joint tenants (which means you both own a 50% each and upon the first death, the property will pass automatically to the survivor) or

Tenants in common in equal shares (meaning that you both own a separate 50% share each, which share can be left to whoever is nominated in your Wills).

It would be normal to hold it as Joint tenants, unless you are on a second marriage and wanted to leave your 50% share to your own children, and for which you should select tenants in common in equal shares.

I hope this assists and answers your question.

Kind Regards

Al

Expert:  Aston Lawyer replied 2 years ago.
Hi,

If I have assisted you, I would be grateful if you could rate my answer.

Thanks

Al