On Mon, 12 Nov 2012 23:46:11 +0000 (GMT), "Dave Liquorice"
>On Mon, 12 Nov 2012 21:23:55 +0100, AlanD wrote:
>> I tried to use one solicitor for us both but they wouldn't play -
>> 'conflict of interest'...
>I can see that problem as they are treating the "sale" as a normal
>conveyance but this isn't it's an asset swap. Agree on values, swap the
>ownership details on the Land Registry and transfer a balance (if any) in
>the appropriate direction. Mortgage companies might not like it and will
>want valuation surveys but at the end of the day there is still an asset
>protecting the loan.
And, as it's a simple transaction with no contentious issues, sack the
solicitors and do it yourself. The Land registry site is very clear,
has all the forms available for download and the staff are very
helpful. (After all, the original intention of the Land Registry was
to make property transfers simple and remove lawyers from the
>> Only potential issue is that her house was originally bought with FiL -
>> who is no longer with us. She has death certificate and will etc
>That is what I was thinking. If the Will was drawn up correctly there
>shouldn't be any problems.
If the house was held as a beneficial joint tenancy, ownership will
transfer to the surviving partner automatically; a will is irrelevant.
The LR will need to see the death certificate on transfer though.
>> Both solicitors insist on 'normal' sell/buy transaction, with fees for
>> each. No doubt full sum of money will go both ways, as is tradition.
>I think you need to find another solicitor that doesn't want to treat the
>process as two "house sales" just an asset swap. When my sister and I
>"sold" our 1/3 shares in my late fathers house to our other sister we
>just used one solicitor and didn't bother with the bureaucracy(*) that
>surrounds an ordinary house sale.
>(*) The only thing I can think of that *has* to be done is changing the
>names on the Land Registry and thinking of a figure to give them for the
>value, which might lead to avoiding/reducing Stamp Duty.
Solicitors have just managed to make the sale of my parents house fall
through after 4 months of serial incompetence, by trying to insist on
first registration of the property before transfer. A completely
unneccesary step, but one that would have got them an extra 500 in
The first registration has now been done by us. It's a very simple
process which took about half an hour to fill in the forms. They were
at the Land Registry less than 24 hours after they were recovered from
the solicitor and given a brief examination by a very helpful person
who confirmed my views that the issues that the solicitors were
raising as problems were complete non-issues.