House deeds transfer
Discussion
Hi all,
I know the correct thing is "ask a lawyer", but hoping someone might correct my thinking here.
I am at the end of a divorce. The final bit is the end of October (forgive the lack of the proper term).
We have split very amicably, to the extent where Ive had to get a will to make sure she (who is still my better half) gets everything when I pop it...
We have one bit left to sort out before October, that is a house we bought after getting married. Due to the financial details at the time, the house was registered in my name and with the mortgage in my name. We recently paid off the mortgage so that is no longer a factor.
We have avoided solicitors so far, purely due to "why bother spending money when we agree"
So, I want to transfer the house to my soon to be ex-wife's name with minimum hassle/expenditure.
How simple can this be?
My wife has found a conveyencer (sp?) on a fixed fee that suddenly wants me to have an ID1 form filled, passport photos etc... is there not an easier way?
I might be dreaming, but I imagined everything moving to Land Registry online meant a simple transaction without a lot of the traditional "speak to your solicitor" type replies ... (IMHO there are two types who have "your solicitor" , the rich and criminal ;o)
no offence to the profession, but this seems such a simple thing that we should be able to it ourselves.
Cheers for opinions, even it is just agtlaw and Mr BV telling me I'm being naive...
I know the correct thing is "ask a lawyer", but hoping someone might correct my thinking here.
I am at the end of a divorce. The final bit is the end of October (forgive the lack of the proper term).
We have split very amicably, to the extent where Ive had to get a will to make sure she (who is still my better half) gets everything when I pop it...
We have one bit left to sort out before October, that is a house we bought after getting married. Due to the financial details at the time, the house was registered in my name and with the mortgage in my name. We recently paid off the mortgage so that is no longer a factor.
We have avoided solicitors so far, purely due to "why bother spending money when we agree"
So, I want to transfer the house to my soon to be ex-wife's name with minimum hassle/expenditure.
How simple can this be?
My wife has found a conveyencer (sp?) on a fixed fee that suddenly wants me to have an ID1 form filled, passport photos etc... is there not an easier way?
I might be dreaming, but I imagined everything moving to Land Registry online meant a simple transaction without a lot of the traditional "speak to your solicitor" type replies ... (IMHO there are two types who have "your solicitor" , the rich and criminal ;o)
no offence to the profession, but this seems such a simple thing that we should be able to it ourselves.
Cheers for opinions, even it is just agtlaw and Mr BV telling me I'm being naive...
mbcx4jrh said:
Hi all,
I know the correct thing is "ask a lawyer", but hoping someone might correct my thinking here.
I am at the end of a divorce. The final bit is the end of October (forgive the lack of the proper term).
We have split very amicably, to the extent where Ive had to get a will to make sure she (who is still my better half) gets everything when I pop it...
We have one bit left to sort out before October, that is a house we bought after getting married. Due to the financial details at the time, the house was registered in my name and with the mortgage in my name. We recently paid off the mortgage so that is no longer a factor.
We have avoided solicitors so far, purely due to "why bother spending money when we agree"
So, I want to transfer the house to my soon to be ex-wife's name with minimum hassle/expenditure.
How simple can this be?
My wife has found a conveyencer (sp?) on a fixed fee that suddenly wants me to have an ID1 form filled, passport photos etc... is there not an easier way?
I might be dreaming, but I imagined everything moving to Land Registry online meant a simple transaction without a lot of the traditional "speak to your solicitor" type replies ... (IMHO there are two types who have "your solicitor" , the rich and criminal ;o)
no offence to the profession, but this seems such a simple thing that we should be able to it ourselves.
Cheers for opinions, even it is just agtlaw and Mr BV telling me I'm being naive...
IANAL but ID1 is simply to ensure that no one can just pretend to be you and transfer ownership. Even if you don't involve a solicitor or a conveyancer they still need to be involved to the extent that they need to verify an ID1 for nearly all matters. I know the correct thing is "ask a lawyer", but hoping someone might correct my thinking here.
I am at the end of a divorce. The final bit is the end of October (forgive the lack of the proper term).
We have split very amicably, to the extent where Ive had to get a will to make sure she (who is still my better half) gets everything when I pop it...
We have one bit left to sort out before October, that is a house we bought after getting married. Due to the financial details at the time, the house was registered in my name and with the mortgage in my name. We recently paid off the mortgage so that is no longer a factor.
We have avoided solicitors so far, purely due to "why bother spending money when we agree"
So, I want to transfer the house to my soon to be ex-wife's name with minimum hassle/expenditure.
How simple can this be?
My wife has found a conveyencer (sp?) on a fixed fee that suddenly wants me to have an ID1 form filled, passport photos etc... is there not an easier way?
I might be dreaming, but I imagined everything moving to Land Registry online meant a simple transaction without a lot of the traditional "speak to your solicitor" type replies ... (IMHO there are two types who have "your solicitor" , the rich and criminal ;o)
no offence to the profession, but this seems such a simple thing that we should be able to it ourselves.
Cheers for opinions, even it is just agtlaw and Mr BV telling me I'm being naive...
. Have they mentioned stamp duty yet?mbcx4jrh said:
My wife has found a conveyencer (sp?) on a fixed fee that suddenly wants me to have an ID1 form filled, passport photos etc... is there not an easier way?
OP, regarding evidence of identity rules in property transfers you may find this helpful - https://www.gov.uk/government/publications/evidenc...mbcx4jrh said:
Yeah, I see what the form is getting at, but when I transferred the current house from joint to my name (using a solicitor) there wasn’t any of this...
That’s because your solicitor was responsible for verifying you were actually the registered owner and certifying as such to the Land Registry. No solicitor = ID1. That’s the Land Registry’s requirement.Property is most peoples’ most valuable asset, by a large margin. £60 isn’t too much of a cost for the knowledge that the LR won’t transfer it away from people without at least trying to check that the person signing the transfer actually owns it, is it?!
Any solicitor doing anything with property MUST - not should but MUST - hold ID for the person they are acting for. No one is being funny or profiteering - it's the law. WTF.
You would be well hacked off if I, pretending to be you, transferred your property to my aunty in Sicily wouldn't you.
You would be well hacked off if I, pretending to be you, transferred your property to my aunty in Sicily wouldn't you.
mbcx4jrh said:
So is the mistake here that the solicitor is acting on my wife's behalf? If I had contacted the solicitor then the ID1 form wouldnt be needed (for me or her)?
No, then there’d just be the same issue the other way around - your wife would need to do the ID1. And it wouldn’t really “work” more generally either, because it’s the ‘purchaser’ who really needs assistance to make sure they acquire title properly and and deal with registration etc. In anticipation of your question, if there was only one solicitor who helped on the previous transfer, if they knew both of you it might be that they were willing to tick the ‘I’m not acting for her but I have taken sufficient steps the check she’s who she says she is’ option for the Land Registry.
Without wanting to be funny, the fee for the ID1 is a small sum, in context. Maybe equivalent to about 10 minutes of a partner’s time depending where you are in the country. So if that was the level of adviser then depending on how they’re charging for assisting your wife, you’ve only got to spend a couple of phone calls disussing the point and the two of you are already out of pocket, overall. If you’re choosing to give away your assets without taking advice then although not advisable, that’s your prerogative. But the procedure where there’s an unrepresented party in a land transaction is that they do an ID1.
Edited by bladebloke on Saturday 18th August 11:58
mbcx4jrh said:
We have avoided solicitors so far, purely due to "why bother spending money when we agree"
As someone who went through an amicable divorce, trust me, you would be nuts not to have a Consent Order. If you don't you may well regret it later.We decided what we wanted but it essential that it is properly drafted. Just as well I got a solicitor to do so as we had both overlooked something crucial.
No ID1 required for the property transfers because our respective solicitors had already obtained the necessary evidence for their client file (passports and driving licences seen and copied).
My legal costs were a little higher than hers. All her solicitor did, basically, was check the Consent Order and give the rest of the paperwork the once over.
We split the combined costs 50/50.
mbcx4jrh said:
Im not querying the need for a solicitor to check ID. I'm querying the need to fill out the ID1 form, and have it signed by yet another solicitor.
See above.jondude said:
When we transferred the house of my late parents to me we found yes, solicitors were asking 100 quid or so to verify identity but you could (in 2016) go in person to the land registry and they ID you on the spot.
A three figure sum for copying two documents? Somebody was having a giraffe. 
I needed the same documents (passport and D/L) certified recently re ID for a financial transaction. I just picked a local solicitor from a Google search..
All I did was book a convenient time and took the originals and photocopies with me. £5 for each one. In and out the door in less than 15 minutes.
Just to echo what another poster has said, you would both be living very dangerously if you didn't obtain a Consent Order sealed by the court.
This is because without such an Order either of you could go back to court at any time in the future and make a claim.
For example, if you got a highly paid job, or built up a successful business your ex could come along and claim significantly more than she would be entitled to at this stage.
And if you don't believe me try asking Dale Vince!
https://www.theguardian.com/business/2016/jun/10/e...
This is because without such an Order either of you could go back to court at any time in the future and make a claim.
For example, if you got a highly paid job, or built up a successful business your ex could come along and claim significantly more than she would be entitled to at this stage.
And if you don't believe me try asking Dale Vince!
https://www.theguardian.com/business/2016/jun/10/e...
Unless you are planning on topping yourself then I'd also raise an eyebrow at the will comment - any new partner might have an issue with this. Is their a clause around re-marrying/new partners/changing beneficiary. Did you agree on pensions?
Things change, people change, better to get this all sorted and final as part of the divorce.
Things change, people change, better to get this all sorted and final as part of the divorce.
Unless you are planning on topping yourself then I'd also raise an eyebrow at the will comment - any new partner might have an issue with this.
[/quote]
Why would they? If the OP were to marry again, the will he has just made would be automatically revoked.
There is an exception but it wouldn't apply to the OP unless he was contemplating marriage to a specific person at the time the will was created and they were referred to by name therein.
[/quote]
Why would they? If the OP were to marry again, the will he has just made would be automatically revoked.
There is an exception but it wouldn't apply to the OP unless he was contemplating marriage to a specific person at the time the will was created and they were referred to by name therein.
Update:
It's sorted, and didnt need the ID1 form. A simple visit to the solicitors officer with passport/DL to confirm identity was enough - which is what I was expecting.
Interesting/worryingly the solicitor got the address wrong twice on the forms, and sent my initial letter to wrong address. I would have thought getting the address right would be a key skill for a conveyancer?
It's sorted, and didnt need the ID1 form. A simple visit to the solicitors officer with passport/DL to confirm identity was enough - which is what I was expecting.
Interesting/worryingly the solicitor got the address wrong twice on the forms, and sent my initial letter to wrong address. I would have thought getting the address right would be a key skill for a conveyancer?
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