putting wife's name on house deeds

gillsabill

What is the easiest way for a retired man to put his wife on the house deeds? The mortgage is paid off and he is just trying to make things less complicated for her should he die first? Basically can he DIY this or do you have to go through a solicitor?

johnnysmurfman

You need to see a solicitor to discuss this. FYI: Under the Succession Act it goes to the wife automatically if there is no will.

dermot_sheehan

just to correct that

on intestacy it goes to the wife if there are no children, if there are children the estate goes 2/3 to wife and 1/3 to chidlren. Also probating an intestay takes a few years contrasted with joint tenancy were sole survivorship kicks in immediatly

gillsabill

I think having been through probate recently with another family member he was hoping to do this to avoid lengthy legal complications after his death. There are children involved. Someone told him there was a form he could do himself??

grumpytrousers

gillsabill wrote: »

What is the easiest way for a retired man to put his wife on the house deeds? The mortgage is paid off and he is just trying to make things less complicated for her should he die first? Basically can he DIY this or do you have to go through a solicitor?

to do this, a deed of transfer is required, transferring the house from Joe Bloggs to Joe Bloggs and Mary Bloggs.

He should talk to a solicitor. it's an easy enough thing to get done and should be pretty quick. There are revenue issues and so on, and it's best not done on a DIY basis.

Maximilian

gabhain7 wrote: »

just to correct that

on intestacy it goes to the wife if there are no children, if there are children the estate goes 2/3 to wife and 1/3 to chidlren. Also probating an intestay takes a few years contrasted with joint tenancy were sole survivorship kicks in immediatly

If your surname was Gates or Forbes III or something. Couple of months tops.

OP you do need to do it through a solicitor. You should not however be paying more than a few hundred euro tops. All that is involved is a deed transferring it into your joint names. There is no stamp duty or other tax implications and I'm pretty sure zero registration fees. It is advisable in your situation. In any event, your solicitor will be able to explain the procedure in more detail.

I've gotten 2 quotes for this.
Both were over €1,000

Maximilian

I would have thought those quotes to be on the high side, given no investigation of title is required, no bank funding involved etc.

UrbanFox

gabhain7 wrote: »

just to correct that

on intestacy it goes to the wife if there are no children, if there are children the estate goes 2/3 to wife and 1/3 to chidlren. Also probating an intestay takes a few years contrasted with joint tenancy were sole survivorship kicks in immediatly

Does the surviving spouse not have the right to appropriate absolutely the house and the household goods and chattels in full and in total priority over anyone else or is that just where there is a will ?

dermot_sheehan

section 56 of the succession act, the surviving spouse can require in writing that the welling house be appropriated in satisfaction of their share, however it could be possible that the house is worth more then two thirds of the state and therefore more then the spouse's entitlement.