ChatterBank28 mins ago
Do I Need A Solicitor To Gift A Property To A Friend?
4 Answers
If I do need a solicitor, what type of solicitor do I need? And how much will typically cost?
Answers
Best Answer
No best answer has yet been selected by OldChestNuts. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.You'll need form TR1:
https:/ /assets .publis hing.se rvice.g ov.uk/g overnme nt/uplo ads/sys tem/upl oads/at tachmen t_data/ file/84 7845/TR 1__2019 -06-17_ .pdf
The notes that accompany the form are here:
https:/ /www.go v.uk/go vernmen t/publi cations /regist ered-ti tles-wh ole-tra nsfer-t r1/guid ance-co mpletin g-form- tr1-for -the-tr ansfer- of-regi stered- propert y
You'll also need form AP1
https:/ /www.go v.uk/go vernmen t/publi cations /regist ered-ti tles-wh ole-tra nsfer-t r1/guid ance-co mpletin g-form- tr1-for -the-tr ansfer- of-regi stered- propert y
for which the guidance notes are here
https:/ /www.go v.uk/go vernmen t/publi cations /change -the-re gister- ap1/gui dance-c ompleti ng-form -ap1
(The previous paragraph assumes that the property is registered at the Land Registry, as most, but not all are. If it's not, you'll need form FR1
https:/ /assets .publis hing.se rvice.g ov.uk/g overnme nt/uplo ads/sys tem/upl oads/at tachmen t_data/ file/88 2099/FR 1-2020- 04-28.p df
together with these instructions
https:/ /www.go v.uk/go vernmen t/publi cations /first- applica tion-re gistrat ion-fr1 /how-to -lodge- first-r egistra tions-w ith-cop y-deeds
and this form
https:/ /assets .publis hing.se rvice.g ov.uk/g overnme nt/uplo ads/sys tem/upl oads/at tachmen t_data/ file/75 0562/Fi rst_reg istrati on_copy _deeds_ conveya ncer_s_ certifi cate_19 Sept.do cx
with this checklist
https:/ /www.go v.uk/go vernmen t/publi cations /first- applica tion-re gistrat ion-fr1 /checkl ist-app licatio n-for-f irst-re gistrat ion )
Further, you'll need form ID1:
https:/ /assets .publis hing.se rvice.g ov.uk/g overnme nt/uplo ads/sys tem/upl oads/at tachmen t_data/ file/96 2610/ID 1__2021 -01-05_ .pdf
The recipient of the gift won't have to pay Stamp Duty if there's no mortgage on the property but if he/she has agreed to take over an existing mortgage, he/she will then need to pay Stamp Duty if the value of the mortgage is over the threshold:
https:/ /www.go v.uk/gu idance/ sdlt-tr ansferr ing-own ership- of-land -or-pro perty
If you're sure that you can understand all of that, then do it yourself. If it's as clear as mud though, pay a solicitor (or licensed conveyancer) to do it!
I can't advise on the cost of using the services of such a professional (sorry!) but I strongly recommend
(a) getting several quotes ; and
(b) if you can find an independent licensed conveyancer (as many seem to have been taken over by solicitors' firms these days), definitely check out his/her fees, as they can be substantially less than those charged by solicitors.
https:/
The notes that accompany the form are here:
https:/
You'll also need form AP1
https:/
for which the guidance notes are here
https:/
(The previous paragraph assumes that the property is registered at the Land Registry, as most, but not all are. If it's not, you'll need form FR1
https:/
together with these instructions
https:/
and this form
https:/
with this checklist
https:/
Further, you'll need form ID1:
https:/
The recipient of the gift won't have to pay Stamp Duty if there's no mortgage on the property but if he/she has agreed to take over an existing mortgage, he/she will then need to pay Stamp Duty if the value of the mortgage is over the threshold:
https:/
If you're sure that you can understand all of that, then do it yourself. If it's as clear as mud though, pay a solicitor (or licensed conveyancer) to do it!
I can't advise on the cost of using the services of such a professional (sorry!) but I strongly recommend
(a) getting several quotes ; and
(b) if you can find an independent licensed conveyancer (as many seem to have been taken over by solicitors' firms these days), definitely check out his/her fees, as they can be substantially less than those charged by solicitors.