When it comes to property transactions and changes in ownership, changing the deed (skøde) is an important part of the process. At Bomae, we understand that this process can feel overwhelming, especially if it's your first time dealing with it.
That's why we've put together this comprehensive guide, which takes you through every aspect of changing a deed — from the reasons for doing so to the final land registration (tinglysning).
Changing the deed and why it's necessary. Definition of a deed change and its legal significance. Changing a deed is a legal process in which ownership of a property is modified. It involves formally registering changes to the ownership share, or shares, of a property. This document is crucial, as it officially recognizes the new ownership and ensures that all parties are legally protected.
Common reasons for changing a deed
There can be many reasons to change a deed:
- Divorce or separation
- Adding or removing a partner from the deed
- Transferring property to family members
- Changing the ownership shares between co-owners
- Inheritance or a death in the family
Situations that require a deed change. Divorce and separation: how to handle a deed change. In a divorce, changing the deed is often necessary. This can involve transferring ownership to one party or selling the property to a third party. In these situations, there are often special rules and potential savings on fees that are important to be aware of.
Family transfers and succession
When properties are transferred within the family, for example from parents to children or between siblings, this also requires a deed change. This can often be done with reduced fees, but requires careful planning and documentation.
Adjusting ownership shares between co-owners
If you own a property together with others and want to change the distribution of ownership shares, this requires a deed change. This can be relevant when financial circumstances change, or when partners join or leave.
Step-by-step guide to changing a deed. Preparation and gathering the necessary documents. Before you begin the process, you need to gather all relevant documents:
- The original deed
- Personal ID documents for all parties involved
- Any divorce papers or death certificates
- A valuation of the property
Filling in the deed form: what needs to be included?
The deed form must include:
- Detailed information about the property (address, cadastral number)
- Full names and CPR numbers of current and future owners
- Precise statement of ownership shares
- Purchase sum or valuation at transfer
- Any easements (servitutter) or encumbrances on the property
Digital signature and online submission
In Denmark, land registration (tinglysning) is now done digitally. You need MitID to sign and submit the amended deed online via tinglysning.dk.
Registering the amended deed. The digital land registration process: Log in to tinglysning.dk with NemID/MitID. Select "Register a deed". Fill in the necessary information. Upload the amended deed and any attachments. Sign digitally. Pay the registration fee online. Typical challenges and how to avoid them. Common mistakes include incorrect personal information, missing documentation for valuation, or discrepancies with the land register (tingbogen).
To avoid these, double-check all information and seek professional help if in doubt.
Timeframe for registering an amended deed
Digital registration normally takes 2-3 working days if everything is filled in correctly. For complex cases, or if questions arise, the process can take longer.
Costs of changing a deed. Calculating the registration fee: fixed and variable components. The registration fee (tinglysningsafgift) consists of:
- A fixed fee of 1,825 kr. (2024 level)
- A variable fee of 0.6% of the property's value or purchase sum
For certain family transfers or divorces, the variable fee may not apply.
Bomae's prices for assistance with a deed change
At Bomae, we offer a complete package for changing a deed for 2,900 kr. including VAT.
This includes:
- Advice on the process and documentation
- Drafting the new deed
- Assistance with digital land registration
Potential savings on different types of deed changes
In cases of divorce or transfers between close family members, you can often save on the variable fee. We help you identify all possible savings in your specific situation.
Special considerations for deed changes. Deed changes in divorce: special rules and fees. In a divorce, you can often get away with paying only the fixed fee of 1,825 kr. However, this requires certain conditions to be met and the correct documentation to be in place.
Handling mortgagees and lenders when changing a deed
If there is a loan on the property, mortgagees must be informed and may need to approve the change. In some cases, it may be necessary to restructure loans or pay off existing debt.
Tax implications of a deed change
Changing a deed can have tax implications, particularly when transferring to family or in the case of significant changes in value. It's important to seek advice on potential taxable gains or gift tax.
How Bomae helps with your deed change. Our expertise in deed changes and land registration. Bomae's team of experienced lawyers has handled thousands of deed changes.
Complete solution: from advice to land registration
We offer an all-in-one solution that guides you through the entire process:
- Initial consultation and advice
- Drafting the new deed
- Review of all necessary documentation
- Assistance with digital land registration
Benefits of choosing Bomae for your deed change
- Expertise in local conditions and legislation
- Fixed, transparent price with no surprises
- Fast and efficient case handling
- Personal advice throughout the entire process
- Assurance of correct handling and registration
Get professional help with your deed. Benefits of using a legal advisor. A legal advisor can ensure the deed is drafted correctly and that all legal aspects of the transaction are handled professionally. This can save you from potential problems and costs in the long run.
When should you seek advice?
It's especially important to seek advice if:
- You are a first-time buyer
- There are complex circumstances relating to the property (e.g. easements)
- You are buying a special type of property (e.g. an agricultural property)
- You are unsure about any aspect of the process
Common mistakes and pitfalls when drafting a deed. Typical mistakes to avoid: errors in personal information or the property description. Missing information about easements or encumbrances. Incorrect statement of the purchase sum or possession date. Overlooked conditions from the purchase agreement. Consequences of an invalid deed. An invalid or flawed deed can result in delays to the transaction, legal disputes, and in the worst case, failure to obtain legal ownership of the property.
