Do I need a solicitor to transfer a house

October2019

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Hi, I am wondering if someone can help me here, I an transferring my ownership of a house to my brother- the background is we both bought the house a few years back ( well I put my name to it for him but he made all the repayments). He is now in a position to take over the balance of the mortgage himself. We have sorted out all the tax consequences of this etc. My question is do I legally need to have a solicitor to complete this- I know it is advisable but is it legally required in Ireland?
Thanks
 

SparkRite

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AFAIK it is not a legal requirement to retain the services of a solicitor to transfer title, however you may find that the mortgagee will insist that you do.

I'm sure you can understand why they might.
 

Johnno75

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And your brother-in-law would also require his own separate solicitor to act on his side of the transaction as well.

(By all means, you could always have a stab off it yourself between the pair of you, but you will certainly fail).
 

SparkRite

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My question is do I legally need to have a solicitor to complete this
My question is do I legally need to have a solicitor to complete this
No.
(By all means, you could always have a stab off it yourself between the pair of you, but you will certainly fail).
I agree, and the single obvious reason is, that lenders and (generally) other solicitors ( usually ) will not deal with lay people performing their own conveyance.
However, having said that, the mortgage may not have to be discharged as mortgages don't involve conveyance of title these days.

I did something similar many years ago between myself and a brother, we did instruct solicitors, but it was a simple and painless process.
The most difficult issue was keeping revenue happy !
 

October2019

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Thx for all the replies everyone- just an update here, although it is not a legal requirement the solicitor representing my brother in the transfer would not move ahead unless I got a solicitor- just in case anyone has a similar issue- thx
 
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