Remove Spouse name from property deed upon divorce

My husband H and I are the joint owners of our freehold property. Upon divorce he will transfer the property to my sole ownership and no monetary value is involved. As I understand we will need to fill in AP1, TR1 and ID1 forms. 

1. Is my understanding of the forms needed correct?
2. In the form TR1 and AP1, are both H and I be transferors and I the transferee? Or H the transferor and I the transferee? 
3. For AP1 form panel 6, should H and I both be the applicant or I only?
4. To change from joint ownership to sole ownership, will scale 1 or 2 fee apply? 
   On the original deed we bought the property with mortgage. Should we include in panel 4 of AP1 both transfer and discharge of mortgage?

Rosemary - 1. Correct
2. Both Transferors and you are the sole transferee
3. AP1 panel 6 would be just you as the person to appear on the register as the owner
4. If there is no monetary consideration then Scale 2 on half the current market value 
If the mortgage has been paid off and you are submitting the form(s) to confirm same then you would complete panel 4 of form AP1 to refer to 1 Discharge and 2 Transfer. However most major lenders apply to discharge their own charge electronically and direct with us

Hi Adam, Many thanks for your prompt reply.

1. You answered that in AP1 form panel 6, it should be just I as the applicant because I would be the person to appear on the register as the owner. So for panel 14 (1) I put in H and I as transferors and I the sole transferee. then AP1 panel 14 (2) Evidence of identity, should I cross the first box (for each person in panel 6 is enclosed) or the second box (for each unrepresented transferor, landlord, transferee, tenant, .......listed in (1) enclosed? 

 2. For AP1 panel 15, it only requires my signature but not H's. Am I correct?

3. You mentioned that most major lenders apply to discharge their own charge electronically and direct with land registry. I just ordered an electronic copy of deed title and it doesn't contain any lender information. Does it mean that my lender has already applied for the discharge when the mortgage was paid off? 

4. If the answer is yes to question 3, then for AP1 panel 4, I can just apply for Transfer. If I apply for discharge, I would need document from my lender confirming that the mortgage has been paid off. So without applying for discharge, I won't have to request the document from my previous lender. Please comment.

5. AP1 panel 4 when apply for transfer one needs to fill in market value of the property. I have a rough estimate of the market value. Do I need any formal assessment of the market value? 

Rosemary - 1. a separate box should be completed for each party so you can put I & H (Transferor and Transferee) for example and then in a separate box H (Transferor)
Both as you are the applicant in panel 6 and H is an unrepresented transferor
2. If you are the only one applying (panel 7) then you would complete panel 15
3. Correct - if the register does not refer to a legal charge (mortgage) then there is no registered charge and therefore no application to discharge needs to be made by you
4. Panel 4 of AP1 would only refer to a Transfer as there is no discharge being applied for by you
5. Complete panel 4 to refer to Transfer - state "Full market value £x' - state appropriate fee. You don't need a formal assessment of the market value
Guidance: completing form AP1 - GOV.UK
 

Hi Adam, many thanks for giving clear instructions. However I am still a bit confused about the following.

1. AP1 form panel 6: applicant be H and I or just I?

2. Panel 14 (1), I should fill in H (transferor) and I (transferor and transferee), correct?

3.Panel 14 (2), for evidence of identity, which box should I cross, the first or the second box?

4. Should H and I both fill in ID1 form, correct?

5. For Identity verification, if we choose by video call, we should fill in ID5 instead of ID1, correct?

6. The scale 2 fee applies in this case. Should the fee be calculated according to the whole market value of property or half? Essentially H is transferring his 50% to me so I become the sole owner. 



 

Hi Rosemary - 1. panel 6 of AP1 is just You as the sole transferee
2. Correct
3. Both
4. Yes - - both
5. Correct but do read the PG 67 guidance re what's needed re the form and call etc
6. Scale 2 on HALF the current market value. Complete panel 4 of form AP1 to read Transfer - Full market vale £X - pay Scale 2 fee on half the value

Many thanks Adam!