Step-by-step guide to transferring property ownership
There are several reasons why you may want to transfer ownership of a property, in full or in part, to someone else.
Ordinarily, property ownership is transferred by a conveyancing solicitor during the conveyancing process. The following article is intended for people looking to transfer ownership of their property, in full or in part, to another person.
The two types of property transfer
Full transfer of ownership
If you are giving the property to a family member, for example, you are transferring full ownership of the property.
Part transfer of ownership
For example, if you are the sole owner of the property and you want to give your partner or spouse a 50% share in the property, you are transferring part ownership of the property.
Although the circumstances may differ, the basic transfer process is the same for the majority of cases.
What is the legal process for transferring property ownership?
Complete an AP1 form
Guidance notes and a checklist can also be downloaded to accompany the AP1 form.
Complete the correct Transfer form (TR1 or TP1)
If you are transferring the complete ownership of the property you need to download and complete the Registered Title whole transfer (TR1) form.
If you are transferring the part ownership of the property you need to download and complete the Registered Title part transfer (TP1) form.
Complete a Certificate of Identity Form (ID1) form
If you are a private individual you need to prove who you are to the Land Registry. You will need to download and complete the Verify Identity : Citizen (ID1) Form.
Pay the HM Land Registry fee
The fee payable to the Land Registry depends on the type of application. To calculate the correct fee see: HMLR Fee Calculator.
Send documents to the Land Registry
The completed forms and fee should be sent to:
HM Land Registry Citizen Centre
PO Box 74
Using a registered process is advisable as the forms are quite lengthy and you would not want them to get lost.
I want to add my partner to the property deed
To make your partner or spouse a joint owner of the property, you will need to add them to the legal title. You will need to decide how much of the property is been shared (e.g. a 50/50 split between partners), and complete the correct Land Registry forms.
TIP: Depending on the value of the new owner’s share, they may have to pay Stamp Duty Land Tax (SDLT).
I want to give the property to a family member
The most common reason for people transferring ownership of a property to a family member is to minimise or negate Inheritance Tax (IHT). A parent can transfer a property to a child and assuming the parent stays alive for 7 years, the property will not be subject to IHT.
Alternatively, it may just be that the parent wants their children to inherit before their death.
If you are transferring a property as a ‘gift’, you can follow the procedure above and complete the TR1 form.
I want to remove someone from the property deed
This usually happens following a divorce or separation, or where friends or family have bought a property together and someone wishes to be released from ownership.
You will need to check which transfer form to complete, and there may also be tax to pay.
Transferring property after an owner has died
In most cases, a surviving joint owner will become the sole owner of a property when the other owner dies.
The correct legal transfer must be completed, however. The surviving owner must complete a DJP form as part of the transfer process and send this to the Land Registry.
Seek professional advice
Even if no money is changing hands, transferring property can be a complex process. Whatever the circumstances of the transfer, there may also be Stamp Duty Land Tax (SDLT) to pay.
In order to protect yourself legally, and ensure that everything is done correctly, it is strongly recommended that you speak to a conveyancing solicitor.
How can Quittance help?
If you are buying, selling, remortgaging or transferring equity in a home, our conveyancing solicitors can help.
Our conveyancing service aims to deliver a stress-free moving experience. In particular we focus on proactive communication as this can help drive a purchase or sale forwards to speedy completion.
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