But while the headline process may be easier, couples going through the legal stage of break-up are still experiencing many challenges. Heralded as a new dawn for parting couples, the Divorce, Dissolution and Separation Act 2020 aimed to streamline the divorce process when it became law in April 2022. The legislation has made divorce less
Transfer and Co-Ownership
Are you looking to transfer the ownership of a property from one person to another, or perhaps from two people to one, sometimes called a ‘transfer of equity’? Although this can be a fairly straightforward process, it is important that it is completed correctly to ensure everything progresses smoothly and to avoid unexpected problems in the future. If your property is mortgaged, you will need the consent of your lender. If your property is leasehold, you may need to pay for notifying the freeholder.
Our expert property lawyers can help with every stage of a transfer of title, providing the support to complete your transfer efficiently and correctly. We will contact the Land Registry on your behalf and ensure that all the necessary documentation is completed properly. We will also explain any factors that may arise from the transfer – giving you the peace of mind that all the legal details have been covered correctly.
Do you own your property jointly? If so, you may want to think about a ‘Declaration of Trust’ to record your individual shares in the property, particularly if you have contributed different amounts to the property. Entering into a Declaration of Trust can help avoid disputes in the future, which can arise in the case of death, relationship breakdown or sale of the property. Most disputes occur between cohabitees, but disputes can also arise between family members, friends or business partners who purchase property together.
The best way of recording your shares in the property is to make an express declaration in a Declaration of Trust, or Land Registry ‘Joint Ownership’ form, or in the Transfer document itself.
A Declaration of Trust or Land Registry ‘Joint Ownership’ form (JO) can be useful for co-owners holding their property as tenants in common to:
- Record the shares in which the property is owned
- Record a contribution or gift by family or friends
- Set out what would happen if the purpose of buying the property together comes to an end e.g. relationship breakdown
Speak to one of our expert lawyers who can guide you through the kinds of things to think about, and help you through the process to ensure that your wishes and intentions are protected.
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