What are property deeds?
Property deeds (or ‘house deeds’ or ‘title deeds’) are the documents that officially record ownership of property in the UK and some other interests in the property (ie rights in relation to the property). These days, copies of title deeds for most properties are stored by HM Land Registry in England and Wales or the Registers of Scotland in Scotland. These registers are where up-to-date records of a property’s ownership can be seen.
So, when people refer to changing property deeds to reflect changes in ownership, they’re generally referring to updating the title register at the Land Registry (or the Scottish equivalent).
One or more people can own a property. If an owner or co-owner needs to be removed as an owner of a property, they will need to be removed from the property’s title register.
When might it be necessary to remove someone from a property deed?
Removing somebody from a property’s title will be necessary when the other owner(s) no longer want that person to have a share of that property’s ownership or when it’s no longer possible for the person to own the property. Common situations where this might apply include:
On divorce or separation
A homeowner who decided to add the name of their spouse to their property deed when they married may want to remove the spouse’s name if they later divorce or separate. Or, somebody who added their partner’s name when they began cohabiting may want to remove their partner’s name if they separate. Such a decision should take into account any restrictions imposed by the terms of any divorce settlement or separation agreement.
In cases of divorce or separation of married or non-married couples or other cohabitees who buy a house together and own it jointly, one party may want to stay in the property following separation and buy the other person out.
In any of these cases, it will be necessary to remove one of the names from the title register.
Following the death of an owner
The other common scenario in which someone's name needs to be removed from a property deed is upon their death. This may be necessary in order to complete the probate procedure and finalise any inheritance arrangements. The name of the deceased might be removed from the title register and replaced with the names of one or more relevant beneficiaries or, in the case of a sale of the estate or of the property, with the name(s) of the new owner(s).
What is the process for removing someone from a property’s title?
The process for removing someone from a title register differs slightly depending on where in the UK the property is and how the property is owned (eg by one or multiple owners).
In England and Wales
To remove someone's name from a property register, you should:
-
make an application to change the register using Form AP1
-
complete Form TR1 and submit it to the Land Registry. This is the form that records the transfer of ownership of a property. Technically, removing an owner counts as a transfer of ownership, even if no new owners are added. All parties (including the person being removed from the title) need to sign this form. Evidence of the transaction, ownership, and payment of relevant taxes (eg stamp duty) may be required. For more information, read How to fill out Form TR1. If only part of a property is being transferred, Form TP1 should be used instead.
-
if a conveyancer is not handling the transfer, Form ID1 should usually be filed along with the application to prove your identity
Note that fees must generally be submitted with these forms. The exact amount can differ by situation, so see each form’s guidance for details.
If the owner who is being removed from the title had died, they cannot sign form TR1 to facilitate the transfer of ownership.
If the property is owned jointly and one owner dies, the surviving joint owner(s) will become the legal owner(s) of the property. To remove the name of the deceased owner, application Form DJP must be filed. You’ll need supporting evidence, such as an official copy of the death certificate.
If there are no surviving joint owners, the regular probate process will cover the transfer of the property. For example, the property may be transferred to a person prescribed in the deceased’s Will to inherit it (ie the ‘beneficiary’), or it may be sold to a new owner. Transfer (or ‘assent’) to a beneficiary will involve specific forms, such as Form AP1 (to change the register) and Form AS1 (to transfer the property to the beneficiaries).
Scotland
Removing someone's name from a title deed is a complex process in Scotland. A solicitor should be involved when changing the title deed and to record all relevant information in the relevant Register. Ask a lawyer if you need advice on how to remove someone’s name from the title deed.
What if the property is mortgaged?
Parties other than owners can have interests in properties. For example, a legal ‘charge’ over the property is generally added when a mortgage is created in relation to the property.
This means that, if a property in England, Wales, or Scotland has a mortgage charge registered against it, you will normally need to obtain permission from the mortgage lender to remove the name of one of the owners. This is because the mortgage will essentially be transferred to the remaining owner(s). The mortgage company will want to assess the ability of the remaining owner(s) to meet their obligations under the mortgage.
