Removing name from deeds

[coldbecks]

My mother and I purchased our ex local authority house under the right to buy for a discounted price (discount was �15,150) in 1988. I paid the mortgage and maintained the house. In 2005 my mother wanted to remove herself from the deeds and pass everything over to me. We were advised to sever the joint tenancy we had, which we did and a declaration of trust was made which stated that if the property was sold my mother would receive the amount of discount we received (�15,150) ( we would not have received the discount if I had purchased on my own) and I would receive the rest. We both moved out of the house last year and it has been rented out, I receive all the income and pay tax on it. My mother wants to remove herself from the deeds completely and does not want to receive any money if it was to be sold. I understand (I think)! that we could do this ourselves by filling in the TR1 and AP1 ? will this also remove the declaration of trust ? Do I also need to contact SDLT for a certificate?There is no mortgage.
Many Thanks

[Eve]

Yes, provided all the council's requirements have expired through time which they should have done given the dates.

You can do it yourself easily with TR1 and AP1, if for no money then you also need to send an SDLT 60 form certifying it's exempt from stamp duty.

The deed of trust should have been tied to the fact you are both on the title register at present so it will be ineffective if the register is changed into your sole name.

Have a check and if not then just do a simple deed revoking the deed and send it to the Land Registry so it's been lodged and there's proof that things have changed.

[coldbecks]

Thanks. I contacted HM Revenues about the SDLT 60 form and apparently this form is now not in use so I just need to send TR1 and AP1 to Land Registry. Many Thanks

[coldbecks]

LR have rejected the deed revoking the deed of trust and have asked for form RX3 to be filled in (Application to cancel a restriction) They have asked that a Statutory Declaration must be completed confirming the following:
1. Confirm how the transferee has become entitled legally and beneficially to the registered estate.
2. Confirm that (me) has not encumbered her undivided share.
3. Confirm that she has not received notice of any incumbrance upon the share of the previous trustee
How do I word the declaration?
RX3 part 8 6.State why the restriction is no longer required: What should I write here.
or should I be getting a solicitor to do this?