Do house deeds legally have to be changed after a joint owner’s death?

[TeapotCollection]

If so, what happens if it isn’t done because no one knew?

All you need to do is fill in form DJP and send it to the Land Registry with an official copy of the death certificate (or a certified copy) or an official copy of the grant of probate (or a certified copy).

Thanks very much for that, I’ve found the form

So it doesn’t matter that she’s been gone nearly 10 years? We honestly didn’t know

In the short term, nothing happens. In the longer term, when the house is sold or transferred to whoever inherited it, you'll need to produce evidence of her death.

Not doing it properly, despite being done through a solicitor (!), caused me massive problems 25 years later on the death of the other joint owner. HMRC had to get involved and it delayed the sale for over 6 months

It will also depend if the house ownership is digitally registered with the LR. If not, then get it done ASAP

Really appreciate everyone’s input

Dad is still with us thankfully. At least I hope so, he was yesterday 😃 I’ll get it done

Thanks again

Thanks for starting the thread OP
I will have to find a tactful way of checking with mum that this was done when dad died

Or shall I just leave it....this stuff upsets her so much, it might be easier to deal with the fallout later if it wasn't done.

No problem, really glad it’s helping others too

I’d do it if I were you, I’m definitely going to. The form is very easy, you could fill it in for her and just get her to sign it

Only problem I’m going to have is finding the deeds!

@EmmaH2022 you can download the deeds online for a couple of pounds, they should show if it’s been done.

I waited 12 years after my husband died - well, not so much waited as just didn't get round to it - then when I was thinking about moving I phoned the land registry who gave me the title deed number and told me which form to fill in. I sent it off with a copy of the death certificate (and possibly a copy of the will, I can't remember now), and they changed the title deed very quickly, within a few days I think. That was six years ago now though, covid may have slowed things down. But leaving it so long wasn't a problem.

Used to work in land registration and it is very common to only deal with this during the sale, which could be years later. Never any issues, as long as all the evidence was submitted and the original destination was sufficient.

@TrashyPanda

Used to work in land registration and it is very common to only deal with this during the sale, which could be years later. Never any issues, as long as all the evidence was submitted and the original destination was sufficient.

Is it? I have copies of dad's death certificate.

I won't try to explain my mother to you but honestly she will be upset for weeks if I ask her to deal with this and it will involve tears, sleepless nights and IBS issues - she is 83 so it just seems cruel.

Tbh Potentially dealing with more form filling in future will be easier for me as well, I am sort of her carer and something that upsets her has a big knock on effect on me.

I was told it was simple. Everyone told me it was simple. For me, it wasn't. I wish to goodness I'd got the property digitally registered before I tried to sell it. To @Ohhhthepain you can only download something that's there, so if there haven't been any transactions involving the property since 1997(ish), which is normal for older people who are still in the family home, there won't be deeds or ownership documents at the land registry to download.

Oldest do you mind if I ask what happened please?

@EmmaH2022

Oldest do you mind if I ask what happened please?

I've PMd you

@OldestSister

I was told it was simple. Everyone told me it was simple. For me, it wasn't. I wish to goodness I'd got the property digitally registered before I tried to sell it. To *@Ohhhthepain* you can only download something that's there, so if there haven't been any transactions involving the property since 1997(ish), which is normal for older people who are still in the family home, there won't be deeds or ownership documents at the land registry to download.

Is that because the property wasn't registered though? If a property is registered and most are nowadays then it should be very simple.

Partly due to it not being digitally registered, yes.

You'll find that an awful lot of properties belonging to elderly people who are still living in the family home aren't digitally registered. 4 out of 12 on a road that I know aren't!

Thanks OldestSister, much appreciated.

@TeapotCollection

No problem, really glad it’s helping others too

I’d do it if I were you, I’m definitely going to. The form is very easy, you could fill it in for her and just get her to sign it

Only problem I’m going to have is finding the deeds!

I did this last year without the deeds - you don't need them. Use the Land Registry website to find your property, copies of the title deeds cost £3. Send HM Land Registry the completed form - there's no fee. Honestly straightforward.

Teapot I can't get her to sign a form

The mere notion that something might have gone wrong in probate will make her ill and I will be the one taking time to look after her.

But thanks for the heads up as it means I can be aware when she passes on.

I dealt with the first time registration of properties for many years.

It was quite normal to have cases where one person die and the survivor not do anything with the deeds until they came to sell the property. It was also quite common to then have that survivor die and theirexecutor dealing with the sale. As long as all the evidence is in order, the registration shouldn’t be an issue. The “transmission of property after death” is something LR staff are specifically trained to deal with.

I'd think the current 9 months delays at the Land Registry would be more of an issue