Using Property Solicitors to Change the Ownership of a Property

We recently discussed why you need property solicitors for a remortgage even though you’re not moving house. This is not the only time you may need the services of the Holdens Law conveyancing team when you’re not selling your home. You also need a property solicitor if you want to change the names on your title deed and change the ownership of your property.

Why would you need to change the ownership of a property?

1. Change of relationship status

The most common reason for needing to change the formal ownership of a property is a change of relationship status. You may be getting married or moving in together and want to add your partner’s name to the deeds. Alternatively, you may be separating, or getting a divorce, and need to remove your former partner if you are buying their share, or if the property is part of a divorce settlement.

2. Death of a joint owner

If one of two or more joint owners dies, then the names on the property deeds will need to be amended to reflect this. In the case of joint owners who were married or in a legal partnership, the ownership of the property usually reverts to the remaining partner. In this case, the name of the deceased partner will need to be removed from the deeds. However, this is not automatically the case. The deceased owner may leave their share to someone else in their will and this name will need to be added to the deeds as well as having the deceased name removed.

3. Inheriting a property

If you inherit a property from your parents, or anyone else, and wish to keep it yourself, then you need to change the names on the property deeds to reflect the new owner. You will need proof of probate (or letters of administration) to make this change. This is known as an asset transfer.

4. Change of name

If you change your name, either as a result of marriage or because you have changed your name by deed poll, then you will need to change the name on your property deeds to match. Your property solicitors will need to see the appropriate paperwork in order to arrange this change.

5. Gifting a property (or part of a property)

You may want to gift a share of your property to your children as part of your inheritance planning, or gift a share to your new spouse or partner. This will require a Deed of Gift to be registered with the Land Registry. The new joint owner may wish to get their own legal advice from their property solicitors as part of the transfer process.

Special circumstances for change of ownership

If the property is subject to a mortgage, you will need the consent of the lender to change the ownership of the property. In some circumstances, you may need a new mortgage. Similarly, if the property is leasehold, then you may need to consult the owner of the freehold when you change ownership details. Holdens Law property solicitors will be happy to consult with all interested parties and advise you appropriately.

How Holdens Law property solicitors can help

When it comes to arranging a change of ownership of a property, you need the support of a team you can trust, as Jemma Higson from Holdens Law explains:

“Change of ownership of a property often comes at a traumatic time for our clients, involving a relationship breakdown or the loss of a close relative,” she says. “At Holdens Law, we understand how stressful these circumstances can be, and we work hard to make sure that the process is as simple and sympathetic as possible.

“Our friendly, expert team of property solicitors are always on hand to answer any questions you may have. We’ll walk you through the process and the paperwork to help you to make the changes you need.”

To find out more about how Holdens Law can help you to arrange a change of ownership of your property, get in touch with our property solicitors today. Call 01524 32484 for Lancashire properties or 01539 72062 for Cumbrian homes.