How do I remove someone from my property title deeds?
Removing a joint owner from the title deeds of your home is known as a transfer of equity. Here's how the process works.
Why might I remove someone from the title deeds to my home?
You might want to remove a joint owner from the deeds of your home if:
- You are divorcing or separating from a partner or spouse
- Buying out an ex-partner or a joint owner
- Gifting a property (or share in a property) to a child or family member
- Inheritance Tax (IHT) planning
- Removal of a name following a death
See also:
How do I add someone to my property title deeds?
Transferring equity
A 'transfer of equity' is the legal term for the process where an existing owner of a property adds or removes another person to the title deeds. Equity is the value of a property less the outstanding mortgage.
When transferring equity to remove someone from the deeds, your conveyancing solicitor will:
- Obtain and review the property’s title documents
- Prepare the transfer deed and other legal documents
- Obtain the appropriate consents from the mortgage lender, landlords etc.
- Register the Deed of Transfer (TR1 Form) at HM Land Registry (HMLR)
- Complete the Stamp Duty Land Tax (SDLT) return form. (even if there is no SDLT payable).
Do I need to notify the mortgage lender?
If you decide to buy out or remove your partner from the deeds and there is an outstanding mortgage, you will need your mortgage lender's consent.
The lender will need to be satisfied that you (or the remaining owners) will be able to afford the mortgage.
The mortgage lender will then need to give you written consent in order to remove the other party from the deeds to your house. The lender will require the change in ownership to be carried out by a solicitor.
Read more:
How to transfer equity in a property with a mortgage
How do I remove a name from the deeds if someone has died?
As a surviving joint owner of a property, you may want to remove the name of the deceased from the title deeds.
This process is usually completed by a solicitor at the same time as updating wills and other formalities. However, you could complete the process yourself by completing the following form:
Application form DJP: remove the name of a joint proprietor from the register, after a death.
The form should then be posted to:
HM Land Registry Citizen Centre
PO Box 74
Gloucester
GL14 9BB