Change of Title Deeds

Title deeds are the legal documents that show who officially owns a house, land or other types of building. If you need to change the legal ownership of a property, the specialist conveyancing solicitors at Macnairs + Wilson can help. We can provide clear, jargon-free advice whatever your requirements

Get in touch with us today to find out how we can help. Call us on 0141 887 5181 for our Paisley branch or 0141 551 8185 or complete our online enquiry form.

When to Change Your Title Deeds

To change the ownership of your property, you will have to make changes to the title deeds. There are several reasons why you might want to change the deeds of your property. These include:

  • Changes to your cohabitation arrangements – commonly following a marriage or divorce
  • Gifting property to someone else
  • Transferring ownership between family members
  • Following the formation of a trust
  • As instructed in a court order

Whatever your reasons, we have the skills and expertise to ensure this process is completed as quickly and straightforwardly as possible. We will keep you up to date throughout, and a member of our property and conveyancing team will always be on hand to answer any questions you may have.

The Process for Changing the Deeds to Your Property

The first step is to locate an official copy of the title for your property. These are the documents that, amongst other things, detail who is the owner and any other restrictions that might be involved. This might include the presence of a mortgage, which can all add additional complications when it comes to making any changes.

Once we have a copy of the title, our solicitors will:

  • Inspect and review the title deeds
  • Check the clients' identities
  • Prepare the documentation required for making the instructed changes

What will happen next will depend on whether there is a mortgage over the property.

If there is no mortgage

The existing and new owners can sign a transfer deed in the presence of a witness, and our solicitors will then register the deed at the Registers of Scotland. If the value of the transaction is more than £40,000, then a stamp duty certificate will be required.

If there is a mortgage

The mortgage lender will need to give their consent before the changes can be made, as the person or people that will be registered as owners will now be liable for the mortgage. This is the case both when someone is added or removed from the title. We will contact your lender on your behalf to request written consent for any changes and inform you of any changes that the lender may wish to make to the terms of the mortgage if any.

If the lender does not agree to the changes, you will be required to repay the mortgages before proceeding. This could be by way of a cash payment or by remortgaging the property with a different lender.

Contact our Property & Conveyancing Solicitors in Paisley & Glasgow, Scotland

For more information, call our team at our Paisley branch by calling 0141 887 5181 for our Paisley branch or 0141 551 8185 for our Glasgow branch. Alternatively, click here to get in touch.

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Paisley: 0141 887 5181

Glasgow: 0141 551 8185