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Deed of Transfer

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  • 04-07-2008 4:57pm
    #1
    ta2kev
    Closed Accounts Posts: 105 ✭✭


    Hi I'm hoping someone can help or point me in the right direction on this one. Myself and my wife bought a house a couple of years ago. We bought it through our local council using shared ownership. We've split up a couple of months back and we've agreed that I will take over the mortgage myself. This has been approved by the council and all I need to do is get a Deed of transfer signed up to put the house solely in my name.

    Does anyone know if this has to be done by a solicitor or if it's expensive? Is there any "affordable solicitors" around the midlands that anyone know of?

    Any advise or experience of this would be greatly appreciated, thanks.


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    #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    ta2kev wrote: »
    Hi I'm hoping someone can help or point me in the right direction on this one. Myself and my wife bought a house a couple of years ago. We bought it through our local council using shared ownership. We've split up a couple of months back and we've agreed that I will take over the mortgage myself. This has been approved by the council and all I need to do is get a Deed of transfer signed up to put the house solely in my name.

    Does anyone know if this has to be done by a solicitor or if it's expensive? Is there any "affordable solicitors" around the midlands that anyone know of?

    Any advise or experience of this would be greatly appreciated, thanks.

    It doesn't have to be done by a solicitor, but it's highly recommended that you do. Doing it yourself would require a lot of effort and if something goes wrong (which is a distinct possibility) you would only have yourself to blame.

    By "affordable solicitor" I take it you mean those that work at a significant discount for people of little means. Such services are sometimes provided by the legal aid board, so you might try contact them. However, if you were able to buy a house you should be able to buy the services of a solicitor. The cost of hiring a solicitor is a fraction of the cost of house.

    Alternatively, you could speak to the council and see if they offer any discount legal servies.


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    #3
    dats_right
    Registered Users Posts: 1,168 ✭✭✭dats_right


    I'm open to correction but I doubt whether the Legal Aid Board would draft a deed of transfer in the circumstances. OP you will need to either get the local authority's legal dept to take care of the matter for you or instruct your own solicitor. I can't imagine the Council permitting you to draft your own transfer as they have a vested interest (by virtue of having a charge registered on title), also not only will you have to draft a transfer, you will at the very least need to draft a Family Law Declaration, a PD form and submit to Stamping Office for adjudication. In short it's a complicated matter for someone with no legal training.

    It's hard to know how much a solicitor will charge (although I'll give you very rough ball park figures), because it depends partly on whether the Council expect the solicitor to re-certify title-which would mean your solicitor having to fully investigate title as if you were purchasing for the first time. In which case you would probably have to pay the full conveyancing fee (€1,000-€1,500 + VAT+ Outlay), if not, then a solicitor may be willing to do it for about the same as a re-mortgage maybe (€500-€700 +VAT+Outlay). The only way you will know is by ringing around some local firms and asking for quotes.


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    #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,505 Mod ✭✭✭✭johnnyskeleton


    dats_right wrote: »
    I'm open to correction but I doubt whether the Legal Aid Board would draft a deed of transfer in the circumstances.

    They might as part of the general family law situtation, but as it's means tested and the OP seems to have bought a house, I'm not sure he'd qualify.


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