House Deeds

[RuthieB]

How do i transfer my house deeds (mortgaged) from my sole name into joint names (me and my wife)?

[darth vader]

sounds like a simple job for a solicitor. where's Maude with her legal know-how? pretty sure it's a quick trip to the solicitor though

[kags]

You'll need to clear it with the bank/building society though.

[TommyC]

Your mortgage lender has an overriding legal interest in the ownership of the property, so you definitely can't do this without their knowledge.Your Solicitor is the right way forward, and hopefully he won't charge much for a simple change that everyone agrees and can legally prove - but your lender may also levy a penalty for the inconvenience of changing their records - and possibly the mortgage deed itself.

[Maudlettice]

It is not at all necessary to go to the expense of a solicitor, you can do it yourself, it is quite easy. Before I go on I need to know what it is you wish to achieve. There are (only) two (quite different) forms of co-ownership available (1) joint tenancy and (2) tenancy in common. Have you made a choice, if so, which? Or would you like me to post a brief summary of each and help you make a choice?

[RuthieB]

Thank you very much for your help on this. I believe we want joint tenancy where the property automatically goes to the other if one of us dies. Thanks.

[Maudlettice]

Just a couple of final questions. You refer to deeds, but land today is held by way of HM Land Registry Land Certificate. Therefore, is your land registered? Who has your Certificate (or deeds if the land is unregistered) yourself or the mortgagee?

[RuthieB]

Hi Maude, the land is registered in my husband's name I believe as normal with the Land Registry, but there is also a Mortgage Deed over this property with the HSBC. I hope I have answered your question ok? Thank you very much.

[Maudlettice]

Hello Ruth. I am going to conclude this matter with a series of short "paragraph" posts because a while back I attempted a long answer, pressed "Submit", and it all vanished into the ether never to be seen again!

[Maudlettice]

Either your husband or HSBC has a pale yellow document with Land Certificate on the front and inside a page headed "Title Number" and then a plan. You are aiming for the re-issue of this document with Item 1 of Section B, Proprietorship Register, Title Absolute changed to read Octavius Blunkett and Ruthie Blunkett instead of just Octavius Blunkett as it is at present.

[Maudlettice]

Phone your local District Land Registry Office (see vhttp://www.landreg.gov.uk/regional/dlrtels.asp ) and request Customer Services to send you the form for changing from Sole Proprietorship to Joint Tenancy ( I can't recall the number for the moment) and a Fees List and Form 109.

[Maudlettice]

The form for changing is a simple thing you will find. Fill it in neatly and have your signatures witnessed by anybody other than yourselves. If your existing Certificate is with HSBC your husband must send it to them with a cheque to LR for the fee (�40 I think) and a covering letter saying that he wishes to give you the peace of mind and security of having your name on the Certificate and requesting them to attach the existing Certificate to the form and to send it on to LR. HSBC will understand. They may make a small charge.

[Maudlettice]

LR will take at least 6 weeks and then return the new certificate to HSBC. Wait for 3 or 4 weeks and then send Form 109 to LR with the fee (�3 or �4 I think) who will send you a copy of the new certificate when they re-issue it which you must check and keep safely. I have asuumed HSBC to have your existing Certificate, but if your husband has it just send the form and Certificate to LR and they will send the new one back to you. And that's that!. Good luck and best wishes.

[RuthieB]

Thank you ever so much Maude, so glad there's no need to go to the expense of a solicitor. Your instructions are perfectly clear. One final question, will the HSBC accept my name on the title, even though only my husband's name is on the mortgage? Will they object to not having any security against my name? Thank you so much.

[kags]

What type of mortgage you have on the property? HSBC will certainly want to have you both insured, therefore if it is an endowment mortgage they might want your wife added to the endowment, and if it is a repayment mortgage they will want you both to have sufficient life cover.

[Maudlettice]

In an earlier post, Ruth, you referred to that most important and invaluable right which comes into existence upon the death of a joint tenant (usually known as the right of survivorship). However, when you are confirmed as a co-owner and joint tenant with your name upon the Certificate another most important right immediately comes into existence.

[Maudlettice]

This right is that nothing whatsoever can occur to the property without your specific agreement, nothing whatsoever. Should something be attempted it would be invlid and not upheld.

[Maudlettice]

Turning to HSBC, they are happy with the mortgage arrangements that they have in your husbands name, and there is no reason why that should not continued unaltered and exactly as it is. But because of your new right described above HSBC will require from you in advance your consent to the mortgage arrangements with your husband continuing. Nothing else. They have a standard form for this which from memory includes such words as "unconditional" and "irrevocable" and if you are happy with things as they are just sign up.

[RuthieB]

Many thanks Maude for all your advice and help, I am so glad that I stumbled upon this website, and you! I have requested the forms from the Land Registry as you suggested. I sounded very knowledgable on the phone, I'm sure they were impressed! Thank you once again, you are very generous with your knowledge. Kind Regards Ruth & Peter

[wensco]

The deeds to my house are the names of myself and my mother. My mother has since died. How is the best way to change the deeds?