Change of title dee

[Hammond10]

Our house has a joint title deed. My husband has now passed away and I have been quoted up to 1400 euros to get the title Deed changed to just my name.

Is there a way for this to be done by myself without a solicitor? If so how?

[Nigel Howarth]

Dear Hammond10

I see that you've sent me an email - I'll reply to that rather than here.

Regards,

[Friend]

Hi Nigel Would be interested in have sight of your response as I am sure others would. Please can you display here? Thank you

[Nigel Howarth]

Dear Friend

I keep all my emails strictly confidential and I would not normally post my reply to Hammond10 here. However, as she has asked the question in an open forum, here is the I would have given.

I’m sorry to hear that your husband has passed away.

Did your late husband make a Will? If so has it gone through probate here in Cyprus?

Unlike the UK, where a property owned jointly is automatically transferred to the surviving spouse, that doesn’t happen in Cyprus. If your husband made a Will naming you as the beneficiary of his estate – and that Will has gone through probate, transferring it to your name should be relatively straightforward, but I’m afraid you will need a lawyer to help you though the process.

Details of what is needed can be found on pages 10-12 of the Department of Lands & Surveys Citizens Charter and the list of lawyers provided by the British High Commission can be found at can be found at list of lawyers supplied by the British High Commission in Nicosia. I suggest you give a few of them in your area a call to get competitive quotes for the work involved.

Regards,

[Pantheman]

Dear Friend

I keep all my emails strictly confidential and I would not normally post my reply to Hammond10 here. However, as she has asked the question in an open forum, here is the I would have given.

I’m sorry to hear that your husband has passed away.

Did your late husband make a Will? If so has it gone through probate here in Cyprus?

Unlike the UK, where a property owned jointly is automatically transferred to the surviving spouse, that doesn’t happen in Cyprus. If your husband made a Will naming you as the beneficiary of his estate – and that Will has gone through probate, transferring it to your name should be relatively straightforward, but I’m afraid you will need a lawyer to help you though the process.

Details of what is needed can be found on pages 10-12 of the Department of Lands & Surveys Citizens Charter and the list of lawyers provided by the British High Commission can be found at can be found at list of lawyers supplied by the British High Commission in Nicosia. I suggest you give a few of them in your area a call to get competitive quotes for the work involved.

Regards,

If I could just add to Nigel's comprehensive reply, if you have no Will, the property will be distributed to the surviving spouse AND children in equal shares.

If you have a will, and you didn't state which jurisdiction you wish to be executed by then the property will distributed under Cypriot law, again equal shares.

If you have a will AND you have specified to be executed under UK law, then it can be transferred to you.

Lawyers in Cyprus usually charge 5% and up of the estate value to do the job. You can try and get a fixed quote, shop around.

Sorry for your loss.

[Friend]

Hi Nigel

Another question if I may on behalf of a friend whose husband passed away recently. Can a property be sold prior to probate being issued by the Court? As the property is in joint names I appreciate that the transfer to my friend's sole name cannot take place until probate issued but what is the position, if you can sell, on transfer of title?

Your help appreciated.

Regards Friend

PS: Thank you for your previous reply

[Nigel Howarth]

Can a property be sold prior to probate being issued by the Court?

No. The estate of the deceased remains frozen until probate has been granted.

Regards,

[Friend]

Thank you Nigel. Thought that was the case.