Transferring the property into your name is ***** ***** for 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
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
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:
Use scale 1 fees.
A solicitor would normally charge about £500 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..
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.
Please note that if this is being done to avoid the payment of care fees or the payment of inheritance tax, it will not necessarily do either
In case of care fees, if it was done to avoid the payment of care fees, the local authority can have the transfer set aside if they could convince the court that it was done to avoid the payment of care fees.
In the case of avoiding inheritance tax, it only escapes the seven year inheritance tax claim if whoever is transferring the property retains no interest in it.
The person who is the recipient of the property must have free rein to do with the property as they wish sell it or remortgage it or rent it out or whatever. If not, it’s a gift with reservation which is dealt with as though it isn’t a gift at all.
There is no timescale for avoiding care fees and the gift with reservation issue also applies.
If on the other hand you are doing this to avoid the extra Stamp Duty Land Tax on the second property, as you are married, it won’t. It doesn’t matter if you buy one property and he buys the other, you are treated as buying jointly even if you are not.
Sorry, I know it’s not the answer you wanted.
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