Q. My husband died recently and our home is in both our names and has no mortgage on it. Do I have to notify the Land Registry to change the name to just me?A. Registering the ownership of a home after the death of a spouse isn’t compulsory, but there are some very good reasons to do it, says solicitor Matthew Johnston, of Nooney & Dowdall Solicitors in Mullingar. “Legally, as the surviving joint owner of the property, the home is yours from the date your husband passed away but it is up to you to update the Land Registry to reflect your ownership of the property,” says Johnston. The process is straightforward and entails filling out a form.The form acts as a legal application to remove the deceased person’s name from a property folio. You are requesting that the Land Registry entry be amended to show that you are now the sole registered owner of the property.Doing this can spare some administrative hassle down the line.If you were to apply for a window upgrade to the county council, for example, there would be no question about who owns the property. “If she transfers the property to her name, it means the title of the property will reflect its ownership,” says Johnston.Updating the title now will also be helpful to loved ones later on. [ We’re trying to sell our home but there’s a problem with the title deeds. What can we do?Opens in new window ]It often happens that both members of a couple die and ownership of the home was never transferred to the widow or widower. “You [can] deal with it, it’s just a little more awkward when both have passed – but it’s not a big problem. It’s not like you lose ownership, but it’s just about keeping everything in order,” says Johnston. “It’s [about] thinking ahead and being thoughtful for the next generation.”You can download and print out the form – Form 47: Registration by Surviving Joint Tenant(s) – from the website of Tailte Éireann. Fill it out and get a commissioner for oaths or a solicitor to witness your signature. You will then need to send it to the Land Registry, enclosing a copy of your husband’s death certificate. In return, the Land Registry will send you a “letter of completion”, says Johnston. “If I was acting for someone, I’d go online and print off the updated version of their property folio to show the updated registration,” he says. If your home insurance was in the name of your husband, but you now legally own the property and live in it, your home insurance can remain in place until it is due for renewal. At that point, you should have the policy put in your name or take out a new policy in your name. It’s also a good idea to review a will you may have made with your husband, Johnston advises. “If you made a will in your 50s, you probably appointed a sibling or friend as executor. In your 80s, you might want to appoint a child, a nephew or niece, or a younger friend: someone in the next generation,” he says.If you haven’t made a will, you should do so.“The main benefit is you get to determine to whom your assets go, rather than a division of your assets between family according to the rules of intestacy. Even if they are the same, I believe its better to set this out in your will so that your family can know that it’s what you wanted. “If you have steadily attended to the sensible things, like making and updating your will and transferring assets held jointly with your husband to your name, the administration of your estate will be more straightforward.”Please send your legal queries to Joanne Hunt, Ask the Lawyer. The Irish Times, 24-28 Tara Street, Dublin 2, or by email to joanne.hunt@irishtimes.com with a contact phone number. This column is a reader service and is not intended to replace professional advice.
‘My husband has died and our home is in both our names. Must I notify the authorities?’
Changing names on your legal property folio is not compulsory but it does make a lot of sense for you and your family












