Removing Your Name from Ownership Documents

Removing Your Name from Ownership Documents

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Overview

It is not a straight forward matter to remove your name from the ownership documents of a property, as there may be many different interests in the property that would be affected, for example, the mortgagee’s interest, the co-owner’s interests, the interest of secured creditors, etc. Further, the process must be completed by Deed which has to be executed by all owners and registered at the Land Registry.

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The Mortgagee’s Interest

If there is a mortgage secured on the property it would be necessary to obtain the mortgagee’s consent to Transfer the property from the current owners to the remaining owner/s. They may not consent to this as it may diminish their security. If they do consent they will instruct their solicitor to represent their interests, or if you already have a solicitor, they may instruct your solicitor to act for them at the same time.

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The Co-Owner

Other owner’s of the property must also consent to this action and all parties will need to execute a formal Transfer Deed, for example:

Alice and John Jones own a property and Alice wishes to be removed.
Paragraph 4 of the Transfer Deed will identify the Transferors as Alice Jones and John Jones.
Paragraph 5 will identify the Transferee as John Jones.

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Do you Need a Solicitor?

If there is a mortgage secured against the property then you will need a solicitor. You should also use a solicitor if there is to be any valuable consideration, for example, the payment of money. Otherwise, if you know what you are doing you can proceed without a solicitor.

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The Procedure

1. Obtain up to date copy of the Title Register.
2. Complete Land Registry form TP1, using the details in the Title Register.
3. Both parties should execute the TP1 form as a Deed, i.e. it needs to be signed and witnessed and there should be a declaration beside the signatures that it is signed as a Deed.
4. Form AP1 should be completed. This is an application to register the new Transfer Deed.
5. The Transfer and Form AP1 should be sent to the Land Registry together with the registration fee and, if you have had to pay Stamp Duty, the Land Transaction Return Certificate. You should send these documents to the address below:

HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL49 9BB

Obtain an up to date copy of the Title Register