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Posted Mon, 31 Jul 2023 10:38:44 GMT by David Gunn
As part of my divorce settlement we are transferring two properties from joint ownership in single ownership. (one each)

On the TR1 form under 3.8 consideration do I tick box 3 and underneath say it is a court order for the divorce settlement or do I leave this blank and  write this in box 11 additional provisions?

Is it just the transferor who signs the TR1 form?

Should I send a copy of the court order with the AP1?  Do I need to send Title Deeds with the AP1.

Thanks David
Posted Mon, 31 Jul 2023 10:56:05 GMT by Nimish Patel
David - If there  is not money changing hands then you can select the third option in Panel 8 and state that it is part of divorce settlement.   You cannot leave it blank. 

All the individuals named as the legal owners on the register (transferor), and the person(s) applying to be registered as the new owners (transferee) have to sign the form TR1 in presence of a witness. 

We do not need to see the Court Order unless the Court is specifically asking HM Land Registry to do something or the Court has executed the transfer because one of the party is not participating in the transaction.  If both of you are executing the transfer deed, and there is no specific instruction from the Court addressed to us, then we do not need to see the Court Order. 

You do not need to send the Title Deeds for a property that is already registered with us. 

Hope this answers your questions. 
Posted Mon, 14 Aug 2023 11:11:13 GMT by Charles Seaford
My wife is transferring her interest in a property to me.
There are some fairly standard covenants, restrictions etc on the register.
There is no mortgage
I assume only she needs to execute the transfer and that I do not need to sign it.
Is this correct? 
Posted Mon, 14 Aug 2023 11:29:13 GMT by Charles Seaford
Why do you still require payment by cheque? Hardly anyone has a cheque book these days.
Posted Mon, 14 Aug 2023 11:31:19 GMT by Charles Seaford
Question 4 of AP1 - we are making a transfer. Do I enter transfer in the first column? (The guidance is not explicit)/
Posted Mon, 14 Aug 2023 11:39:45 GMT by Charles Seaford
What documents need to be sent with AP1 - the guidance notes do not state this
Posted Mon, 14 Aug 2023 11:41:25 GMT by Charles Seaford
Is the Applicant to be entered the transferor or the transferee or both? The guidance notes do not state this
Posted Mon, 14 Aug 2023 12:23:59 GMT by Adam Hookway
Charles - see our guidance on how to complete form TR1 - section 3.12 advises
Cheque or postal order - we are developing ways to pay online but not in place as yet
Generally speaking TR1 plus ID forms as appropriate - all depends if you are lodging anything else as well but only you would know
The applicant in panel 6 is the transferee - the guidance notes explain this for you as it's the transferee who needs their details added to the updated register
Posted Mon, 14 Aug 2023 12:37:26 GMT by Charles Seaford
Re TR1, the guidance note you refer me to is rather clearer than the practice guide which I had been relying on and which the form itself refers people to - just a little feedback, you might want to clarify the rule in the practice note. 
Given that I can download a register entry and pay by card this is pretty astonishing re cheques.
Why would I want to lodge anything else? I assume from your answer I wouldn't but the guidance note is quite inadequate
With all due respect the guidance note does not explain that the applicant is the transferee.
General feedback - the guidance and practice notes (and the side notes on the forms themselves) need some attention - like your payment systems. 
 
Posted Mon, 14 Aug 2023 12:51:09 GMT by Adam Hookway
Charles - understood and appreciated. I have passed on the feedback to colleagues who manage our online offering on GOV.UK

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