Transfer of Title
A Transfer of Title is the legal process required to alter the ownership of a property. The procedure is fairly similar to that of a sale however it does not incur the same number of fees and outlays.
There are several reasons why you may wish to transfer the title to your property. We find that the most common circumstances requiring a transfer of title are: –
- Gifting a property to someone else.
- Adding a spouse or civil partner to a title.
- Adding a cohabitee to a title.
- Implementing the terms of a separation agreement.
- Implementing the terms of a Will after someone has died.
- Removing a survivorship destination; or
- Altering the formation of a title in order to plan for tax.
As you will see, there are a range of circumstances where a transfer of title is required, and this list is by no means exhaustive.
As highlighted above, the process by which the title is transferred is fairly like that of a sale. Your solicitor will require sight of your current title deeds and will use them to prepare a new disposition (title deed) transferring ownership to the new proprietor. This title deed requires to be signed by the current owner and any civil partner/spouse of theirs. Your solicitor will also prepare a declaration of solvency to be signed by the person disponing (giving away) part or all of the title. This declaration will confirm that you are not insolvent or disponing of your property in order to avoid creditors. Once both documents are signed, the title deed requires to be registered with the Registers of Scotland. Before this can be done, your solicitor requires to obtain a search report over the property which will disclose any outstanding securities or notices which may interfere with the transfer. Upon receiving a clear search, your solicitor will proceed to register the new title deed. Once registered, the legal owners of the property will have changed, and a new title sheet issued in their favour.
A transfer of title can be completed fairly quickly, within one month, provided there are no unexpected problems with the Titles.
To contact us with any queries regarding transfer of title, please call us on 0141 404 1091.