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Posted Tue, 23 May 2023 10:15:35 GMT by Adam Hookway
I have two titles both in the same and joint ownership. The other owner has died and her 50% share of the Titles will now pass to her son 
We can complete the TR1 and AP1 forms to formally transfer her share to her son but we want to both sell the property.
My question therefore is do we actually need to transfer the ownership before selling the property, or can we just proceed with the sale? Or is there another option without having to go through the process of completing the TR1 and AP1 forms etc?
Can you advise?
 
Posted Tue, 23 May 2023 10:20:42 GMT by Adam Hookway
When a joint owner dies the legal ownership passes to the surviving joint owner. The 50% share you refer to is in the beneficial ownership.
As a result if the property is to be sold then you can do so without first transferring the legal ownership to yourself and the beneficiary. You, as the sole legal owner would transfer to the purchaser as appropriate. And once sold the proceeds can then be 'shared' as intended.
The key registration consideration will be whether there is a form A restriction registered on the titles. You can check the register online for £3
If there is then you would need to appoint someone to act with you to take receipt of the purchase monies to then ensure that they are 'shared' as intended - see PG 21 section 6 for how to do that
Posted Tue, 23 May 2023 10:20:59 GMT by Adam Hookway
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