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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23699
Experience:  Senior Partner at Berkson Wallace
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My partner and I have sperated and he is buying me out of

Customer Question

Hi, my partner and I have sperated and he is buying me out of the house, which type of solicitor do i need?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have an agreement which has been signed by a solicotor, his mortgage to buy me out has been approved in principle
JA: Where is the house located?
Customer: de11
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 that is all
Submitted: 7 days ago.
Category: Law
Expert:  Stuart J replied 7 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What is the agreement? Did you get legal advice?

who put in deposit and was it protected in deed of trust?

and are you joint or tenants in common?

Customer: replied 7 days ago.
Agreement was settlement for 35,000
Customer: replied 7 days ago.
Been advised I need an id1 form to satisfy land registry agreement
Expert:  Stuart J replied 7 days ago.

Any conveyancing solicitor will deal with this for you and if you are interested in DIY, then here is the process.

However, I can tell you now that there is a mortgage involved, forget DIY because the lender will insist on using a solicitor.

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

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.

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

A solicitor would normally charge about £300 plus VAT plus the land registry for dealing with this if you don’t feel like doing it yourself. Any high street solicitor that does conveyancing deal with this. The process is very straightforward for a conveyancing solicitor but a bit of a nightmare for an individual with no experience of doing property transactions..

As one person is potentially being advantaged and/or one person is potentially being disadvantaged, it’s essential to take independent legal advice on the effect of this so that some stage in the future, neither party can complain that they were coerced into doing this.

Incidentally, the process is exactly the same as selling a property and buying a property although the parties are different and no money is changing hands.

In effect the current owner(s) sells the property and the new owner (s) buys the property albeit with no money changing hands. There is obviously no contract in that case but the transfer deed and the rest of the documentation is the same.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards