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:
Marriage
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.
Deed Poll
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.
Inheritance
When you inherit a property and decide to keep it, you will have to transfer the ownership from the deceased’s name into your name, this process is classed as an ‘assent transfer’. This transfer is then carried out by a Solicitor, who would get all the relevant documents prepared and lodged with the HM Land Registry. This would include lodging a copy of the Grant of Representation (Probate or Letters of Administration) relating to the deceased’s estate with it. 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.
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.
Gift
You may wish to give your property or a share in your property to your spouse, or civil partner, child or even someone else. This can be done by a Deed of Gift which is prepared by a Solicitor and then lodged with the Land Registry along with other transfer forms. The Land Registry then registers this change and updates the title register accordingly. The new owner or joint owner should obtain independent legal advice.
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.
For further information regarding changing a name on title deeds please contact our award winning conveyancing team on 0113 320 5000 or email your query to conveyancing@winstonsolicitors.co.uk
If someone has died and left you a property, you may want to transfer the ownership of it from the deceased’s name into your name by an ‘assent’ at the Land Registry. Or you may want it sold – either way, we can help you.
You may need us to apply for a grant of representation in the estate you have inherited from. You may also need our help to either sell the property or assent it into your name at the Land Registry.
Yes, the title deeds need to be updated to reflect your ownership properly. The deceased’s name should be removed and your name added to the Land Register.
Yes - the deceased’s name should be removed and your name added to the Land Register.
This can be done by a Deed of Gift which can prepared by us and then lodged at the Land Registry. The ownership should be updated on the Land Register. You and the recipient may also need tax advice about this (income tax, capital gains and stamp duty land tax).
Your interest as a trustee should be noted on the Land Register so you should seek legal advice. Examples of such trusts are life interest trusts in Wills, which become active when the person who made the Will dies. You should also register the trust at the HMRC Trust Registration Service.
The Land Register should be updated if necessary and we can assist you with that.
The cost of changing title deeds in the UK can vary based on factors such as the type of transaction (e.g., Transfer of Equity or remortgage). Costs typically include HM Land Registry fees, which depend on the property's value, and solicitor fees, which vary based on the complexity of the case. For a precise quote tailored to your specific situation, please contact our conveyancing team at Winston Solicitors, who will gather the necessary details to provide an accurate estimate.
