How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask F E Smith Your Own Question
F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 18742
Experience:  I have been practising for 30 years.
18203470
Type Your Law Question Here...
F E Smith is online now

I was wondering if you could tell me how I can add my wife's

This answer was rated:

Hello, I was wondering if you could tell me how I can add my wife's name to the title deeds of our property? We remortgaged a few years ago and at the time her credit score was not good so we had to proceed in my name only. Her score is now good and she'd like to be added to the deeds again. Thanks!
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, this is just an initial enquiry.
JA: Where is the property located?
Customer: Milton Keynes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, I don't think so

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

I apologise for any unavoidable delay, but rest assured I have not forgotten your question.

her name was orginally on deeds and now not due to remortgage?

Customer: replied 16 days ago.
that is correct.

The process is not for the fainthearted although it’s not an uncommon question and therefore I have a standard cut-and-paste answer which is below: a solicitor would probably charge under GBP500 plus VAT plus the land registry fee:

To transfer property from 2 names to 1 name or from 1 name to 2 names or to simply sell a property is relatively straightforward but there are a lot of forms to fill in

The transfer deed for sale or simple transfer is form TR1

https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1

and here are some notes on that form: https://www.gov.uk/government/publications/registered-titles-whole-transfer-tr1/guidance-completing-form-tr1-for-the-transfer-of-registered-property

or, if it is transfer pursuant to a bequest in a will, then form AS1 is the assent which transfers the property to the beneficiaries.

https://www.gov.uk/government/publications/whole-of-registered-title-assent-as1

and you also need AP1

https://www.gov.uk/government/publications/change-the-register-ap1

and ID1

https://www.gov.uk/government/publications/verify-identity-citizen-id1

for all the parties involved.

There needs to be one of the latter forms for each person involved. It needs a passport sized photograph certified by a solicitor as being a true likeness. This is not needed if solicitors are doing the job but the solicitors will want different ID, usually a passport or driving licence and 1 or 2 utility bills.

There is also the Land Registry fee based upon the value of the house which is here:

https://www.gov.uk/guidance/hm-land-registry-registration-services-fees

Use scale 1 fees.

If there is a mortgage on the property they will need to consent to the transfer and if it is going from 2 people to 1 person they will usually refuse to remove one and would want the mortgage repaid.

There may be stamp duty depending on the money changing hands or if no money changing hands, there would be stamp duty on the transfer if the mortgage being taken over or disposed of is over £250,000. Stamp duty is based upon 50% of the mortgage. If there is no mortgage and no money changing hands, there is no stamp duty.  This is of course subject to any stamp duty holiday applicable under the Corona Virus Act.

If it is a second home then the limit goes down to 40k and a higher rate of SDLT is payable

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Best wishes.

FES

F E Smith and 2 other Law Specialists are ready to help you