Checking the title deeds
This content applies to England only.
Housing laws vary between England and Scotland. Get advice relating to Scotland
If the person you live with dies and they owned your home, or you owned it jointly, your rights will depend on what the title deeds say. In some circumstances you may need to arrange to have the deeds changed.
What are title deeds?
Title deeds are the legal documents which show who officially owns a property. They may also record other information, such as:
- whether there is a mortgage over the property
- if anyone other than the owner(s) of the property have established a beneficial interest or home rights
- where the boundaries of the property are
- any other rights that come with (or are excluded from) the property, such as access to neighbouring land.
In order to be official, title deeds must be registered with the Land Registry. They are also called 'Land Certificates'.
Where are title deeds kept?
If you, or the person who died, have an outstanding mortgage on the property, the bank or building society will hold the title deeds as security against your mortgage. Once your mortgage is fully paid up, the deeds can be returned to you, although you will probably have to pay a charge to get them back. It's also possible to ask your lender to retain the deeds for safe keeping even after you've paid off your mortgage. You will normally have to keep a nominal outstanding mortgage balance (eg £1) if you want to do this.
If neither you nor your lender has a copy of the title deeds, they may be held by the solicitor or licensed conveyancer you used when you bought your home.
Alternatively, it's possible to get a copy of them from the Land Registry:
- You can order an unofficial copy (for information only) from the Land Registry Online for a small fee.
- You can get an official copy by applying to the Land Registry office for the area where the property is located (use their office finder to check which office you should apply to) and paying the relevant fee.
If you have any problems obtaining a copy of the title deeds (eg if the property is unregistered) contact a solicitor - use this Legal Adviser Finder to find one in your area.
What if I'm a joint owner?
If you owned your home jointly with the person who has died, this fact alone does not mean that you will automatically inherit the remaining share when the co-owner dies. It also depends on:
- whether you originally purchased the property as tenants in common or as joint tenants (see below) and
- whether there is a 'survivorship clause', which sets out what happens to your shares if either of you dies.
Your licensed conveyancer or solicitor should have explained the legal implications of each of these options to you when you bought the property and the title deeds should set out which arrangement was made. Ask them to check this for you if you're not sure.
Joint tenants
Many couples who are married, registered as civil partners, or in long-term relationships buy as joint tenants. This means you have equal rights to the whole of the property, rather than a specific share. If you die, the other joint owner automatically inherits your share. This is the case regardless of anything that is said in your will. You can only leave your share of the property to someone else when you die if you change the legal ownership to a tenancy in common (see below). Get advice from a solicitor if you want to do this.
Tenants in common
Couples in new relationships and friends and/or relatives who are buying together often choose to be tenants in common. This means that you each own a specific share of the property. You don't necessarily need to have equal shares. If you die, your share of the property doesn't automatically pass to the other legal owner(s). It will go to whoever is named in your will or, if you haven't got a will, to your next of kin under the rules of intestacy. If you want to leave your share of the property to the other legal owner(s), you must specify this in your will. You can also change your legal ownership into a joint tenancy, but only if the other owner(s) agree to it.
Survivorship clauses
If you have a survivorship clause in your deeds, you will automatically inherit the other share of the property if the joint-owner has died. If there is no survivorship clause, and you did not buy the property as joint tenants the deceased person's will should set out what they wanted to happen in the event of their death. If the other owner died without leaving a will, a decision will be made under the rules of intestacy.
Can the title deeds be changed?
This can happen whenever ownership is transferred including:
- if one joint owner has died
- if a sole owner has died and left the property to someone else in their will.
You will need a solicitor to carry out the necessary legal work and record the new information in the relevant Land Register. Your solicitor will charge for this, so make sure you get an estimate in advance.
If you have an outstanding mortgage, you'll also have to get your lender to agree to any changes in writing before the deeds are changed. You'll also have to write to your lender, asking them to send the title deeds to your solicitor. Once they have changed the deeds, your solicitor will return them to your mortgage lender. If there are any other joint owners, they'll also have to agree to any changes.
