Property Title Deeds & Equity Release in Oct 2021

Who Actually Holds the Property Title Deeds in an Equity Release Agreement?

Many People Are Looking to Release Equity From Their Property in Order to Access Funds for Retirement, or Simply Because They Need the Money. but Who Actually Holds the Property Title Deeds?

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Property Title Deeds & Equity Release: Who Holds the Title?

Imagine your property title deeds have been passed down through the family for generations, but now you need to find a way to pay off your debts.

What do you do? You turn to equity release! Equity release allows you, if you are over the age of 55, to unlock funds tied up in your home that you can use for any purpose, including paying off debts or buy services like care homes and assisted living facilities.

But, who holds the property title deeds with equity release? Find out in this article!!

How to Find Out if My Property is Registered with HM Land Registry?

HM Land Registry1 is the government department that handles property and land title deeds in England, Wales, and Northern Ireland. To find out if your property has a registered HM Land Registry, you need to visit the HM Land Registry website.

First, you need to enter your property address into this search box on the website:

Then, under “Search Results,” click on “Find Title”. You will then see a list of all properties in England and Wales with registered ownership, as well as other information about your property, such as whether it’s mortgaged or if there are any entries against your title for things like bankruptcy2 or litigation3.

If you are a homeowner and can’t find your land registration, contact the HM Land Registry for an update.

Property Registered

How Do I Obtain a Copy of My Property’s Title Deeds?

One of the first steps to take is to get a copy of your property’s title deeds. This will show you who currently holds them and if it would be possible for you to sell your home. It can also help understand any conditions that might need to be met before selling, like getting permission from family members or selling your car to pay off debts.

The best (and cheapest) way is through solicitors4. You may have additional costs depending on what country you are located in and what office they use, but this should not cost more than £50 to £100. Once obtained, present the deed during an interview with an equity release specialist at the Equity Release Advice Bureau5.

Property Title

How Do I Find Out Who is on My Land Title with Equity Release?

The best way to find out who is on your land title with equity release is by speaking to an equity release adviser at the Equity Release Advice Bureau. All you need to do is tell them the address of your property, and they can then look through their records for all properties in that area registered as being owned by someone else.

They can also check HM Land Registry records, where it will show all of the people who have a share in your home. This is because, in England and Wales, at least, you can’t release equity on a portion of the house unless there are multiple owners (such as with shared ownership). It could be possible to do this if you live abroad, though, so speak to an equity release adviser for more information.

land title

My Property Isn’t Registered; How Do I Register It?

The HM Land Registry will need to know your property’s full address, its worth, and who its current owner is. You may have to pay a fee for registration, too, which varies according to the location of your home.

But, if you want someone else (such as an equity release provider) or yourself (if you are buying another home), they can’t be registered unless the original title deeds holder gives permission first!

Property Not Registered

What Happens to My Title Deeds when I Release Equity?

If you take out an equity release plan, you still retain ownership of your property.

If you are the original title deeds holder, your equity release provider will take possession of them to continue with any necessary action.

What Happens To My Title Deeds

Title Deeds and Equity Release – Scotland

The Scottish Land Registry6 is responsible for the management of land transactions in Scotland. For those who hold property title deeds with equity release, this means that they are automatically registered as well.

If your home isn’t registered, then an application must be made to HM Land Registry’s local office to get this process done. Still, all other people or companies on the land title will also need to be contacted for their agreement!

Equity Release in Scotland

Title Deeds and Equity Release – Northern Ireland

It is the Northern Ireland Land Registry7 that handles land transactions in this country. They are responsible for ensuring registration of titles, and their records show who holds property title deeds with equity release.

If you have bought a home from someone else, they will also want to be added to your registry. If not, it could confuse who owns the property and who holds the property title deeds with equity release.

Equity Release in Northern Ireland

Title Deeds and Equity Release – Wales

The HM Land Registry manages land transactions in Wales, including any records of those who hold property title deeds with equity release. For this reason, it’s essential to ensure registration takes place as soon as possible!

If someone else has a share in your home, they will also need to be on your register too before taking out an equity release plan. If not, it may be challenging to decide which party should determine what action needs taking next!

Equity Release in Wales

Common Questions

What Happens to My Title Deeds When I Take Equity Release?

Can Two Parties Hold Shares on Land Title Deeds at Once?

Do I Need Permission From Everyone on the Title Deed to Release Equity?

Why Does It Matter Who Holds the Title Deeds With Equity Release?

Can I Take Equity Release if I'm Not on the Property Title Deeds?

In Conclusion

It’s essential to know who holds the property title deeds because it affects when and how equity can be used. If you are considering using an equity release product for your retirement in the place of a reverse mortgage or home equity loan, make sure that the deed holder on your property’s title has agreed to do so before proceeding with any transactions.

Equity releases allow homeowners over the age of 55 to release funds from their homes, without incurring capital gains taxes, but only if the person holding the deeded assets agrees. There may also be some restrictions on which types of properties qualify; keep these details in mind as well!

Editorial Note: This content has been independently collected by the SovereignBoss advisor team and is offered on a non-advised basis. Sovereignboss may earn a commission on sales made from partner links on this page, but that doesn’t affect our editors’ opinions or evaluations.

Contributors: Nicola Date, Katherine Read
Reviewed by Francis Hui

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Written by
Rachel Wait
Personal Finance Journalist

Rachel is an experienced finance journalist and editor with a particular interest in personal finance and consumer affairs. She has vast experience writing about money issues, property, insurance, and consumer affairs, and you’ll find her articles regularly featured in top media and newspaper publications.
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John is passionate about education and has made it his life-long mission to assist UK citizens on their future financial options, with a specialist interest in equity release, and SovereignBoss is the natural extension of this passion.
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Having held various high-level roles across the industry, Francis is truly an expert in aiding UK citizens in their financial decisions and risk analysis. His unique insight and statistical knowledge make him the perfect person to help you take your financial future to the next level.
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Financial Planning Reporter

Since joining the editorial team at SovereignBoss, Katherine has become focused on bringing transparency to finances and opportunities for those approaching retirement age. She writes on the topics of equity release, home reversion, and mortgages.
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Nicola is a financial writer for SovereignBoss and is passionate about the opportunities that equity release can open up for homeowners. Her extensive business experience and deep understanding of the industry means that she’s always up-to-date with the latest developments.

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