Property is one of the most important possessions a person can have. It represents not only a place to live or do business but also a tangible asset that can be bought and sold. Normally, a person will use a solicitor for their conveyancing but with enough preparation, it is possible to transfer a mortgaged property in the UK yourself.
Contact the lending provider who gave you the mortgage on the property to discuss the transfer of the house. The mortgage provider holds an interest in the property and must therefore agree to the transfer. If they agree, it is usually the case that either the mortgage on the property will be transferred from your name to the other party or you will be required to repay the outstanding value before the transfer goes ahead.
Visit the H.M. Revenue and Customs website or contact your nearest H.M.R.C. office to get a copy of the SDLT60 form. Because the property is mortgaged, the person receiving the transferred property is deemed to have paid the outstanding value of the mortgage in exchange for the property. He, therefore, may have to pay stamp duty on it if the value of the mortgage is more than £240,061 (£250,000). Complete the form and return it.
Contact your local Land Registry office or visit the Land Registry website to get a copy of both the TR1 and AP1 forms. Complete these to transfer the property from yourself to the new owner. Return the forms with a check to cover the processing fee. The size of the fee depends on the value of the property, so consult the Land Registry for exact details.
Transfer the title deeds for the property to the new owner. This transfers legal proof of ownership from the current holder to the new holder of the deeds and is the best way of proving ownership. If you do not have a copy of the title deeds, contact the land registry and the conveyancing solicitor you used when purchasing the property, as the deeds may still be in their archives.
Although H.M. Revenue and Customs and the Land Registry cannot provide legal advice regarding capital gains tax and conveyancing, they are specialists in their fields and will be able to advise you on many aspects of both the transfer process and completing the forms. If you require assistance, contact the relevant department on the telephone number provided with the forms.
The conveyancing documents provided by the Land Registry are legal documents, and as such, if you provide false or incorrect information on them you may be liable for a fine or even imprisonment depending on the circumstances. Similarly, providing incorrect information to H.M. Revenue and Customs that results in you or the transferee paying no capital gains tax may lead to fines and prosecution.