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Do mortgage deeds HAVE to be amended when someone dies?

3 replies

DressDownFriday · 29/03/2012 19:28

Dh is sorting out all the finances for his mum after his dad sadly passed away.

Do the house deeds HAVE to be be changed? Or can that be left until the house is sold. (mil has no plans to move at all in the near future). There is no mortgage on the property.

Not sure if there any legal obligations to do this.

OP posts:
ilovemykitchenaid · 29/03/2012 19:49

Hi we have just done this in the last 2 weeks as my dad sadly passed away. You get a form from the land registry website, print off, complete and send off with a copy of the death cert and they took him off the title deed.

Mum has a copy of the new entry within a week

There is no charge and no requirement for probate.

However, my mum was a joint owner. If she was not on the orignal title deed some sort of transfer and probate may be required

hope this helps

DressDownFriday · 29/03/2012 21:00

Thanks for the reply.

Not sure if deeds in joint names or not - will have to double check. I hope they were as that seems a such simpler process than what I was expecting.

OP posts:
GreatBallsOfFluff · 29/03/2012 22:38

Much simpler to get it sorted now as should your MIL's house ever need to be sold, then whatever the current situation is (whether held as joint tenants/tenants in common/your MIL not being on there at all) if it's not sorted out now it will just delay matters during the sale.

If the house is not held as joint tenants, and was held as tenants in common instead, then the process may be more complicated depending on what FIL's Will said.

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