conveyancer mistake in not registering me on the property

[VKum]

We are currently in the process of remortgaging the property, and the solicitors acting for the new lender have identified a discrepancy in the Land Registry records. The title deeds currently show the property registered in Mrs ’s sole name, whereas the mortgage offer from bank was issued in the joint names and the new mortgage lender wants both of us on the title deeds
The mortgage offer has both names and the terms do not indicate a double borrower single purchaser clause ,conveyancer had charged extra £50 to even add extra purchaser in the completion statement,
How do i proceed with this and any help/advise would be appreciated
Thanks in advance to all

Nothing you can do
if you want to go with this lender… then that’s what they want

Can i complain against the conveyancer and get them to rectify the mistake done so no future issues

You didn’t check? He would have sent to you

You can but could but could take months and also the question is why didn’t you check the details as you would have received notification once registration was done so may end up in lots of correspondence before the corrective action was taken. Quite possibly you could get into a dispute and realistically you want this sorting out asap. Personally would get a solicitor to get the correct registration submitted asap.

The issue is if we have to pay any additional stamp duty or does it go as amendment

Huh?

Why would you have to pay extra stamp duty? That’s paid when a house is bought and sold for a sum of money.

You need to go back to the original conveyancer and get them to rectify the error. I’m surprised the LR registered it. You won’t pay additional SDLT as it’s classed as rectification of an error. If you go back to the original conveyancer.

Edit: wondering if actually it wasn’t an error on reread and you originally bought in sole name? Either way, you need to resolve with the lender what your instructions are and who actually owns the property.

If one person was the sole owner on the deeds then it's not as simple as just 'adding another name'. Someone is gaining a huge asset, there may be CGT, you will have to decide tenants in common/ joint etc.

Are you sure your husband didn’t instruct that it was a sole purchase. You would have known this at the time since you wouldn’t have signed any of the documents.

Adding a new name onto a property is effectively like selling them a share. So there may be stamp duty involved.

You need to be clear what the implications are and then decide how to proceed. If stamp duty is due, and this was a mistake from a conveyancer, you should be able to make a claim on them.

Isnt it a transfer of equity? The new name gains a share of the equity in the property, can be done with or without money passing hands but need a solicitor.

When house was purchased what actually was the error? Should second name have been on it? Did second name not think it strange they didnt sign anything/provide ID etc?

It’s not a transfer of equity if you can prove you both bought the property in the first place. Presumably all the contracts of sale were in both your names? You both signed them? If so then the LR doesn’t reflect reality and needs to be amended but you don’t magically not own it because the solicitor cocked up.

So you are getting a remortgage so basically a top up on the original mortgage? I a unclear on this. When the property was bought both names should have been on title deeds and the mortgage unless specified otherwise but no conveyancer would have ONLY put one name down by accident.
A remortage on the property is nothing to do with stamp duty.

So the house was bought in the sole name of one of you and the new mortgage has been applied for and obtained as a joint application.

Where was the error?