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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7625
Experience:  UK solicitor holding an England and Wales practising Certificate.
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Thank you for your help. Approx 3yrs ago I bought my current

Resolved Question:

Hi Pearl. Thank you for your help. Approx 3yrs ago I bought my current house. In order to raise the funds my partner paid me for the house I was living in at the time so technically it belongs to him and he has paid the council tax and insurance in his name since then. We have now split up - his choice not mine He wants me to hand over the deeds etc and is intending to make it part of his estate as he seems to be sorting out his affairs as he is due for surgery soon. My question is can I just hand over all the documentation to him. Thank you Deborah
Assistant: Where are you located? It matters because laws vary by location.
Customer: Norfolk
Assistant: Has anything been filed or reported?
Customer: No nothing
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: No thank you
Submitted: 3 months ago.
Category: Property Law
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your question.

Who is named as the owner (ie. registered proprietor) on the land registry title for the property?

Did you execute any written agreements as to your respective interests in the property (eg declaration of trust)?

Kind regards,

Tom

Customer: replied 3 months ago.
Hi Tom
I am the only person on the deed and there is no written agreement only verbalThank youDeborah
Expert:  Thomas replied 3 months ago.

Sorry, just to clarify, are we talking about two houses here or just one (ie. the one you currently live in)?

Tom

Customer: replied 3 months ago.
Hi no just the one house - I am the sole owner of my current house. To prevent me from having to get a mortgage to buy this house he paid me for my old house so I was able to pay cash for my current house. We have never lived together he has his own house and the one he paid me for. We have no other ties.
Thank you
Deborah
Expert:  Thomas replied 3 months ago.

Okay, and he is asking for you to transfer the property that you are the sole owner of to him. Is this correct?

If so, why does he think this should be done given that he paid you for your previous house and so received that previous house in return for the payment of money to you?

Tom

Customer: replied 3 months ago.
Sorry - I think he wants to sell the property but I still have all the deeds and it is still in my name only. I am just asking is it legal for me to just hand over all the deeds to him as we have nothing in writing - will I be liable for anything in the future ? I am happy to give him all the paperwork I am just asking can I ?
Thank you for your help
Deborah
Expert:  Thomas replied 3 months ago.

Hi

Thanks for your question. I will try to help.

If you purchase the property 3 years ago then the title will be a registered legal title. This means that the property is registered at land registry.

Therefore, if you wished to transfer ownership of the property to him then you would have to complete a formal transfer of the property via land registry.

Technically, there is no legal requirement to instruct a solicitor to arrange the transfer and registration of the transfer at Land Registry. However, there may be elements relating to your particular personal circumstances or the land registry registered title for the property which dictates that it would be prudent to instruct a solicitor. It should cost around £250-300 for a solicitor to do this for you.

I would instruct a solicitor to do this for you personally.

You will have to draft a Transfer (form TR1) from you to your partner to you (which you will both have to sign as a deed (ie. witnessed) and you can download the template form from the land registry's website. You will have to submit this to the land registry with their form AP1, this is also downloadable from the website

by selecting from the "Forms" tab:-

https://www.gov.uk/government/collections/land-registry-forms

If you do not instruct a solicitor then you would both also have to download an ID1 form from the above for each of you then each complete one hen take it to a solicitor to certify for £10 and submit this with your AP1 application.

If you live in the property then there would likely be no capital gains tax implications. I would think serious about this because once you have transferred the property you are effectively giving up all of your rights in the property, including a right to the proceeds of sale or equity in the property which seems a silly thing to do given that you appear to have purchased it with money that was your own (since your partner appears to have paid money for your previous house rather than giving you simple gift of money.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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