Home ownership and marriage

A question about : Home ownership and marriage

I've been married 27 years and started to feel guilty about something I should have sorted out decades ago.

I owned a house in my own name before I was married. Through inertia I left it that way when I married, and even when we moved house 26 years ago everything was left in my name on the new house. The mortgage is now paid off and I've realised I need to make sure my wife doesn't have problems in the event of my death.

First question is, do I need the services of a solicitor, a conveyancer, or someone else?

Next question is, should I make my wife a 'joint tenant'. 'tenant in common' or something else? I have gathered from internet searching that tenancy is the same as ownership.

Last question is, since no money is changing hands, can I be sure I will not be liable for stamp duty?

We have two grown up children if that makes any difference.

Best answers:

• Don't worry about stamp duty, its not applical at all. You've been married for so long that if you spilt now she would be entitled to 50% (or around that) and if you died without a will everything would go to her as you are married.
  I can't really give advice on it as I don't know enough and its your decision, joint or tenant in common I know joint means you both own 100% and the other you can divide it up 50/50 90/10.
  I wouldn't be able to advise as I don't know but even *if* on paper she owns 10% and you got divorced I would of thought she could still get 50/50 of the house but thats personal opinion :S
  Id just go for joint ownership if none of this worries you anyway and just stick her on the house.
• Well I was nearly right.. Just out of curouisty who gets the rest? Im assuming the child would come after the partner?
• The estate with the house probably exceeds 250k so I will attend to the will as soon as the house ownership is sorted. Even if I was under the limit I think I would still be causing problems for my wife if I left everything in my name because as far as the Land Registry were concerned the house would belong to me...and I would be dead.
  I'm still not clear how to go about the ownership change. Is it the job of a solicitor, conveyancer, or DIY?
• Hi
  In theory you can do it yourself & get form Tr1 from the land registry, fill it in and return it to hm land reg with the fee but you seem to need legal advice too so it might be best to get a solicitor to sort it out for you.
• Providing the property is registered and is in England & Wales then our online FAQ re transferring ownership will help
  There is also online guidance around the joint tenants/tenants in common aspect although the guidance simply explains the differences.
  It is important to understand the pros and cons of each type of ownership and this is where legal/financial advice should come in - Land Registry cannot provide this.
• Dealing with an estate with a valid Will is much easier than without. If your wife is sole executor (and mirror in the event of her death) then the process to transfer things such as account etc is a lot quicker.
  I wouldn't feel guilty about this. You've been enjoying living your life so paperwork like this hasn't been a priority.
• I'd just make a will leaving all to her, or as you wish things to happen.
  No real need to alter house ownership.