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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10780
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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The deeds and mortgage of my own house is in my name. My civil

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The deeds and mortgage of my own house is in my name. My civil partner put up the deposit, but is not mentioned in the deeds. We are currently writing wills. I plan to leave the house to him and the mortgage insurance is made out in his name if anything happens to me.

What advantage is there in getting him on the deeds to the house and what would we need to do? Many thanks

Simon, London. Uk
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

Provided you are both happy with leaving the property in your sole name, there is no real benefit of transferring it into joint names, other than if you were to die first, it would mean that your partner would not have to deal with transferring the Deeds at that stage.

Either way, if you were to change the Deeds now or your Partner had to change the Deeds on you passing on first, the cost is more or less the same. A Solicitor would need to prepare the Land Registry transfer document, and is likely to charge approx. £250-£300 plus VAT, and there would be a Land Registry fee payable of approx. £50-£90 depending on the value of the property.
If you were to change the Deeds now, you would also need the consent of your Mortgage Lender, as your partner would also have to join in and be on the Mortgage. They are likely to charge approx £100-£150 for this, and for which you would need to complete a "Transfer of Equity" application form.

If the Deeds are left alone and you passed on first, your partner would incur the above costs (less the Mortgage fees) but he would also need to apply for Probate, as Executor of your Will, to satisfy the Land Registry. (If you leave more than £5,000 of other assets (ie savings etc),your partner would have to apply for Probate to deal with these assets anyway, so this procedure may well need to be gone through whether the Deeds are changed or not now.

I hope this assists, but please let me know if I can be of any further help.

Kind Regards
Customer: replied 4 years ago.
Many thanks. Very useful answer. One follow up question. If in the very unlikely situation that the civil partnership was to be dissolved, the fact that my partner is not on the deeds, does this cause any issues in terms of splitting up the estate, especially as he paid the deposit and a good chunk of the asking price?

Many thanks.


Hi Simon,

If you were to separate, it makes no difference whose name is XXXXX XXXXX Deeds when it comes to working out who should get what.
From your point of view, it would be probably easier if the Deeds remained in your sole name!

Hope this helps.

Kind Regards
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