Legal Advice Required Re: Change Of Name On Title Deeds.

[DebsyDoo]

Hi, I need some help with a scenario regarding changing the name on the title/mortgage deeds for my property - which I was wrongly advised to put in my partners name due to my not being in employment at the time.
Any help/advice in this area would be greatly appreciated.
Thanks in advance, DebsyDoo.

[Buenchico]

IF your partner is in agreement AND there's no longer a mortgage on the property, the process involves nothing more than a bit of form filling. It's either form TP1 or form TP2 from here
https://www.gov.uk/government/collections/hm-land-registry-forms
but you'd still need a solicitor's help to ensure that everything is in order.

Otherwise things could get very tricky. Firstly, you'd need the consent of the lender if there's a mortgage on the property, as the loan has to be the name of the person who legally owns the house (in order to provide security against the loan). Then, if your partner isn't willing to play ball, you'd need to go to court to prove that you have a beneficial interest in the property:
https://www.starckuberoi.co.uk/proving-beneficial-interest-property/

[DebsyDoo]

Hi Buenchico!
(I remember you from years ago when I was on here before!)
Very intricate situation, which I will explain to you tomorrow, as it’s too complicated to really get into now, as it’s getting so late. Ok? X

[Peter Pedant]

// Otherwise things could get very tricky.//
yup

Barmaid whom I silently adore, is very very brainy at this and may give the definitive answer.
She has previously said Title just gives the name of who can trade, buy and sell and the ownership is a matter of equity.
( so fr'instance if A get money from his uncle to buy a house then the equitable ownership is different to when A uses his own)

You are clearly in this category ( and so am I) - and not surprisingly the answer depends on the facts - and the ones you can prove if there is a er little dispute.

[Peter Pedant]

bloody hell the starbucks ref is just the one I need !
thanks all !

just a word - warning
this can get very expensive

I transferred equity successfully - hooray - but didnt make a CGT declaration for 15 y. for that transfer. (*)- extra tax and penalties £600, lawyers fee £3000.

(*) I did have cancer, come oooooon ! - shows automatic negligence, tax penalty NOT excused.

[DebsyDoo]

Hi all, just a quick apology for not responding sooner - not feeling too good yesterday.
To elaborate, situation is that I was allocated the property in 1985 by council. Started buying in 1994. Have re-mortgaged on a few occasions (to release equity) which was always done purely in my name. On last occasion, was informed to put the property in my partners name, as not being in employment, I wouldn’t have been able to get a mortgage. Property is still on a mortgage, but I now want my name [at least] added to the mortgage deeds, as I cannot even set up a direct debit to pay the monthly payment, as his name is not on the bank account that I pay it from (& have been doing so, for at least the last 10 years - on a standing order.) I am the one who pays the mortgage, he does not contribute to the mortgage payments, all of which can be verified by my bank statements, showing that. Very complicated, I know - but any help would be greatly appreciated. Thanks in advance x

[Peter Pedant]

cherie
there is no law that says you MUST respond

[bednobs]

debsy, is your partner likely to agree?

[Peter Pedant]

Jesus - I have to say I dont know what you do
You are Miss X and the property is in the name of Y, so is the mortgage in Y's name and you as Miss X are paying it

Downton v Stack says you are beneficial owner clearly - but regularising it, I have no idea - sozza. Barmaid will know

[Peter Pedant]

On the facts given there is no doubt you are beneficial owner

getting the paperwork straight .... I still dont know

[Peter Pedant]

where oh where is Barmaid?

Had a look - liked Stack v Dowden a lot

I have to say that it looks as tho you cant change title without discharging the mortgage first (!) - and get thro the questions: 'How did you get into this in the first place? ' In the back of their minds will always be the question: "when we have changed it all, will someone stop paying the mortgage and tell us all to go hang?"
( the last bit isnt a question of law, but more like how bank clerks seem to work from day to day. Yesterday I had a questionnaire from The Haifax - how much do you love us?)

[DebsyDoo]

Tried to answer the other day, wouldn’t let me, what’s going on???

[DebsyDoo]

Ha! Seems ok now.
Ironically, it is the Halifax!
Yes, partner will cooperate (that was set out when the change took place, but is not in writing!)
No gain or benefit to default on mortgage, as they would just issue a repossession order!
Just want it back ‘in order’ as not getting any younger!