TR1 or TP1

Hi,&#160;<br> <br> About to divorce and husband is gifting me his share of jointly owned mortgage free home.<br> <br> Conveyancing solicitor has said TP1 instead of TR1 is this correct?<br> <br> Many thanks&#160;<br> Louise

Hi Louise - form TR1. Such a transfer is of the whole legal ownership so from the two of you to just you.&#160;<br> <br> Land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation. Before making an application without legal representation, it is important to&#160;<a href="https://www.gov.uk/guidance/making-an-application-without-legal-representation">consider the benefits of using a conveyancer.</a>

Thanks for such a quick response Adam,<br> <br> I have got legal representation, the solicitor is recommending he completes a TP1 for us and everything I have read indicates TR1.<br> <br> Can we do the transfer with TP1?<br> <br> Many thanks&#160;<br> Louise

Louise - form TP1 is used where you are for example transferring a physical part of the property eg garden&#160;<br> It's not used to transfer the whole legal ownership from joint names to just a sole name, which is what you have posted&#160;

Great, got it thanks!<br> <br> How much is the land registry fee for a TR1 please?<br> For property value 600k<br> <br> Many thanks&#160;<br> Louise

Louise - assuming the transfer is still the one you referred to in your original post then you need to match it with one of the Scale 2 examples -&#160;<a href="https://www.gov.uk/guidance/hm-land-registry-registration-services-fees#scale-2-fees">HM Land Registry: Registration Services fees - GOV.UK</a>&#160;<br> The examples explain how a transfer for no monies (a gift) attracts a scale 2 fee but you need to factor in the current market value and outstanding mortgage into your calculation re the correct fee - see the examples headed&#160; <h4 id=examples-properties-being-transferred-subject-to-a-mortgage>Examples: properties being transferred subject to a mortgage</h4>

Great, thanks!