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Transferring property

This information only applies in England and Wales.
 
Property is generally transferred when it's bought and sold, in a process known as 'conveyancing'. However, property is often also often transferred without any money changing hands (eg inheritance or divorce). In each case, specific procedures must be followed to ensure the property has been validly transferred.

Transfer to an individual

Homeowners may decide to transfer a property to a family member while they are still alive, to minimise any inheritance tax which would otherwise be due. In order for this to be effective, the transfer must take place at least 7 years before they die. There are various other reasons for transferring property to an individual as a gift.

To effect a transfer, Form TR1 is required to be filed with the Land Registry. For more information on Form TR1 and help with filling it out read How to fill out Form TR1.

Transferring property into one name or into joint names

Homeowners will often decide to add the name of their spouse to their property deeds when they get married. The opposite may take place upon divorce or separation. In either case, Form TR1 needs to be used (as with the transfer to an individual). A Declaration of trust may also be required. It is a good idea to Ask a lawyer for advice on your particular situation.

Probate

If a property is inherited as part of the estate of the deceased, the regular probate process will cover transfer of property. Probate involves applying for a grant of probate or grant of letters of administration by filling in a 'Probate application form' (Form PA1P or Form PA1A). For more information read Probate.

There are various different aspects to conveyancing, but the main aspects which relate to transfer of property involve exchange of contracts, resulting in completion.

Once an offer has been accepted, the seller (or their lawyer) must draw up a contract which includes details about:

  • sale price

  • property boundaries

  • fixtures and fittings

  • planning and other legal restrictions

  • services (eg drainage) to the property

  • completion date

Once both parties have agreed on the contract, they make it legally binding by signing final copies and sending these to each other.

Completion takes place once: the money has been transferred from the transferee to the transferor, the relevant legal forms effecting transfer of property (ie TR1) have been finalised and the keys have been handed over.

For more information about the conveyancing process Ask a lawyer.