Here’s a free and easy to understand guide to transferring the title of a house/property.
There can be various reasons why you may wish to transfer ownership of a property (called Transfer of Title), such as separation or transferring ownership to a family member. If the property has an existing mortgage in joint names then the person who wants to take over the mortgage into their sole name must obtain the lender’s consent first. You may also need to ask the lender for additional funds, if you have agreed to buy out the other owner of the property. Alternatively, you can try and get a new mortgage of your own with a different lender.
Alternatively, you may be the one giving up your share of the property.
Mortgage offer
If you are taking over the whole property and there is a mortgage involved- Once your existing lender has agreed you can take over the joint mortgage on your own or a new lender has agreed to give you a mortgage on your own, then if we also act on behalf of your mortgage lender, the lender will send us the mortgage offer as well as to you. We will let you know what documentation you need to sign. Later in the process, when we are ready to, we will request the mortgage funds (if applicable) from the lender in time for the date which your transaction will settle.
Checks on Title Deeds and Reports
We may need to order various reports and searches, which we will check on your behalf
Settlement
On the Date of Entry, when your transfer will complete, we will advise you once the transaction has settled. If there are monies due to you, we will make payment to you after settlement has been completed.
Next Steps
We will also attend to either updating or obtaining an update of your Title Deeds to reflect the transfer of title.
If you wish to transfer ownership because you are separating, it is best to speak to our Court Department first as you may need to enter into a Separation Agreement first.
If you wish to transfer ownership and there is no element of separation, then it is best to call our Property Law Department on 0141 404 6575.
We hope you have found this guide easy to understand and that it will make the process easier for you.
Contact our Conveyancing Solicitors, Glasgow, Coatbridge, Edinburgh and the whole of Scotland
Please call our Property Law team today on 0141 404 6575 (Glasgow) or 0131 358 4231 (Edinburgh). Alternatively, please fill out our online contact form.