Home Transfer into Joint Names Fees issue.

[091october]

we (me husband and i) are in the process of transferring the family home into both our names jointly. my husband was heretofore the sole registered owner. there are no motgages/charges etc outstanding on the home. it is my understanding that we are therefore neither liable for stamp duty on the transfer nor are we liable for Land Registry fees (s.14 of the Family Home Protection Act 1976). we have instructed a Solicitor to prepare a Deed of Transfer executing same. we have just received said Solicitor's estimates of costs in this regard and noticed that the Solicitor is estimating ;
1. Land Registry Fees on the Deed of Transfer 85 euro (not subject to V.A.T) and
2. Land Registry Fees on Folio File Plan 25 euro (not subject to V.A.T).

is the Solicitor wrong in this fees regard, given the above information.? any help greatly appreciated.

 

[j26]

Yes, the solicitor is wrong, but often solicitors err on the side of caution. The exemption from fees only relates to the Family Home and curtelige (generally garden and driveway). It often happens that extra land or commercial premises get included in the transfer, and the fee would become chargeable. The solicitor may be just pre-empting the possibility that fees may be requested, and including it in the estimate.

The copy folio fee is chargeable if you want a certified copy of the folio with a map attached. If you don't require a copy of the map, you can get a copy of the folio for 6 euros.

 

[091october]

thanks j26. it is only the family home that is being transferred. i already have a copy of the folio. would you advise us to procure an amended copy once the transfer is complete , in order to check that both myself and my husband are registered as joint owners? thanks in advance.

 

[j26]

It's no harm to have a check, but if you have a copy with the map already, I'd see no point in getting another one with a map.

Personally I'd go for the 6 quid one.

 

[091october]

many thanks.