There are a number of different circumstances when you may need to change the names on title deeds of a property. Fortunately, it is a straightforward process but must be done correctly following changes that occur with the ownership of the property.
When you may need to change names on title deeds
HM Land Registry needs to be made aware of the changes in the following circumstances:
Following a marriage you can show your marriage certificate to your conveyancer who can arrange for your name to be amended at HM Land Registry.
If you change your name by deed or by making a statutory declaration, your conveyancer can arrange for your name to be amended at HM Land Registry. You will need to show the relevant documents to your conveyancer.
If you inherit property, an ‘assent’ will need to be prepared. The change must be registered at HM Land Registry by producing a copy of the Grant of Representation (Probate or Letters of Administration) relating to the estate of the person who has died. A fee is payable to HM Land Registry for changing the name on the title deed following an inheritance. The fee payable depends on the value of the property.
If you have inherited a property it is important you alter your will to reflect you wishes so your assets are distributed as you want when the time comes.
Change of Trustees
If a new trustee of trust property is appointed, the Deed of Appointment must be registered at HM Land Registry. A fee is payable to HM Land Registry when a new trustee is appointed.
Death of Joint Owner
If a joint owner dies, the death can be registered at the Land Registry. Any joint proprietorship restriction will remain on the register, and a second trustee may need to be appointed when the property is sold.
You may wish to give your property or a share in your property to your spouse, or civil partner, child or even someone else. The new owner should obtain independent legal advice and the outgoing owner may be advised to seek their own solicitor, too.
Transfer of equity
The transfer of equity occurs when a property is transferred subject to an existing mortgage. The new owner will take over the mortgage obligations. This might happen on divorce or separation. Sometimes, the court will order a property transfer as part of the divorce settlement. A Land Registry scale fee will be payable for processing the application. Anyone being added to the deeds will need to instruct solicitors. Anyone being removed from the deeds will not necessarily need solicitors, but the solicitors acting for the added owner might insist that independent legal advice is obtained.
Transfer, coupled with a new mortgage
When there is both a transfer of equity and a new mortgage is taken out then you need to inform HM Land Registry. The new owner needs solicitors, who will also act for the lender. The outgoing owner will also need solicitors if there is an existing mortgage. For further information, please see our remortgage page.