Deceased Joint Proprietor (DJP) - How to remove the joint owner from the Land Registry
05/08/2019
5,319
6 min read
When a joint owner dies the surviving owner needs to remove the deceased owner's name. The process is simple, however the work is normally undertaken by a conveyancing solicitor. Once you complete the form it is sent to the Land Registry with an official copy of the deceased's death certificate and probate/letter of administration. The process is different if you are transferring to a beneficiary. We have a specialist solicitor who handles this work so please call if you need help - 0333 344 3234 (local call charges apply).
If the person who died was the sole owner, then the personal representative will often either Assent (form AS1 - click to find out more) the property to the person(s) who inherits it (beneficiaries) or Transfer (form TR1 - click to find out more) the property to someone else.
If the deceased was a joint owner and the partner is still alive, you would normally just register the death with the Land Registry using form DJP, which this article concerns, along with an official copy of the death certificate. Probate is not required to deal with the property but may be needed if the deceased's estate warrants it.
In this article we run through how to complete the DJP form, how long the process takes and what the costs are. Before we start you need to click to download the DJP form - Application to remove from the register the name of a deceased joint proprietor.
How to complete the DJP form
Here are the different parts of the form with our tips on how to complete it
- Section 1 - Local Authority Details
State who your local authority is - click here to find the local authority for your property. - Section 2 - Title number
You can find your title number on your deeds or you can download your title document from the Land Registry for £3. - Section 3 - Address
Provide the full address including postcode. - Section 4 - Evidence of death
You need to provide an official copy of the death certificate, official copy of the probate or letters of administration and your conveyancer needs to certify they hold the same or certify the date of death. - Section 5 - Applicant/s
List the names of the surviving owners of the property who will remain on the legal title. - Section 6 - Details of who is submitting the application
Include your full name, home address, telephone number and email as the Land Registry will send back the completed documents to this address (if your solicitor is handling this for you then they will include their details). - Section 7 - Request to remove
This is where either you or your conveyancer confirm their request to remove the name of the deceased party. - Section 8 - Declaration the party is the same
You only complete this section if the name on the death certificate, probate or letters of administration (see Section 4 ) is different from the details on the title register. - Section 9 - Signature
All parties listed in Section 5 - Applicant/s must sign in the same box in Section 9.
The completed DJP form is issued to the HM Land Registry Citizen Centre, PO Box 74, Gloucester, GL14 9BB with the applicable fee. See the Land Registry fees here.
Need to find out who owns a property?
If you are unsure of who currently owns a property and/or if the property is jointly owned, then you can click the below link and check the Land Registry database. The title document costs £3 (click to find out what is included within the title document).
How long does it take to update the Land Registry?
It should take 2 to 3 weeks, however it may take longer if the Land Registry has higher volumes of applications at the time of submitting.
What are the costs of removing a deceased joint proprietor?
These are the estimated costs a solicitor will charge for handling the legal work for removing a deceased joint proprietor:
Description | Cost |
Solicitor's Legal Fee | £240 to £400 INC VAT Depending on the property value |
ID Fee | £8 per name For all applicants in Section 5 |
Official copy of the Register of Title | £3 If leasehold this is £6 |
Land Registration | £20-£910 Depending on property value and if property is unregistered |
If you need to get a quote for handling the removal of a Deceased Joint Proprietor then please call 0333 344 3234 (local call charges apply) or click here to get a quote - Our fees are fixed and competitive.
Frequently Asked Questions about the DJP
Can any conveyancer complete the DJP?
No they must be a qualified legal practitioner, as defined in rule 217A Land Registration Rules 2003.
What happens if there is a mortgage/registered charge?
The Conveyancer will inform the mortgage lender or party who has a registered charge over the title.
Is it better to wait and sell?
You can choose to leave the deceased's name on the legal title with a view to removing it at the same time as selling the property or transferring part of the equity to family or friends. You can read more on how to transfer property to family here.
What happens if you provide incorrect information?
The DJP carries a warning which states:
If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both. Failure to complete this form with proper care may result in a loss of protection under the Land Registration Act 2002 if, as a result, a mistake is made in the register.
What is the DJP process?
If you instruct a solicitor to complete the legal work then this is the process they will follow:
- Client provides proof of ID and home address and signs the solicitor's instruction forms
- Client sends in official copy of the death certificate and official copy of the probate or letters of administration
- Solicitor completes an online ID check on all clients
- Solicitor certifies the official copy of the death certificate, official copy of the probate or letters of administration
- Solicitor completes the DJP form and sends to the Land Registry (for Conveyancers only) by e-DRS or to: HM Land Registry (insert your customer team's office name or your closest office, such as ‘Fylde’), PO Box 75, Gloucester, GL14 9BD or HM Land Registry, (insert your customer team's office name or your closest office, such as ‘Fylde’), DX 321601 Gloucester 33
- Land Registry provides confirmation of the removal of the deceased party's name
After the deceased's name has been removed how soon can you get a mortgage?
After a change of title ownership mortgage lenders normally require a 3 to 6 month period before they'll agree to any lending over the property. If you are thinking of getting a mortgage over the property then you may want to think about removing the deceased proprietor's name during the remortgage process.
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