Land registry - Married -Transferring house into joint names from single, really easy

[Bronte]

Can this be true, married couple, property owned by one, mortgaged, they want it transferred into joint names, you can just go to the Land Registry, fill out some forms, and that's it. And bank is not notified. Or at least cannot prevent it happening.

 

[mf1]

I have not done this for a long time- it is quite unusual these days for a family home to be held in the sole name of one only of the spouses so we are talking about houses bought maybe more than 20-25 years ago.

It was always the case that, if there was a mortgage on the property, that that acted as a barrier to any transfer of ownership without the consent of the lender. It may be that, pursuant to the 2009 Act, a mortgage , being only a charge, cannot act as a barrier to the creation of a joint tenancy but that any transferee will take their half interest subject to the charge.

If we are talking about a case where a transfer is being done to defeat creditors, the High Court can set aside any such transaction.

mf

 

[Bronte]

Thanks MF1, it's may be to thwart creditors, but only in the sense of making the banks life harder for the sheer hell of it, people REALLY annoyed with the banks. They are on a mission, I've tried to stop it, but it's keeping unoccupied people busy. There's a mindset out there on this. Think phoenix project/new beginnings/freemen etc.

Property was purchased on one of them prior to marriage about 10 years ago I think.

My question was only to find out was it really possible to do this without any costs or any solicitor. It's so simple I couldn't believe it.

 

[j26]

The Family Home is exempt from fees and the requirement to have "Particulars Delivered" to Revenue. If it's not the Family Home, the exemptions don't apply.

There are no registration issues regarding mortgages, and the PRAI will register a properly formatted and executed deed, but there is separate contractual issue which is not in the remit of the PRAI to investigate- the mortgage conditions will almost surely specify not to transfer without permission. Ignoring that puts you in breach of contract, and a judge isn't going to look too kindly on that action if the bigger issue is ever brought to court.
Also a declaration of solvency would be highly advisable.