Transfer of Equity Solicitors

Adding or removing a name from your property title? Our expert panel solicitors handle every aspect of a transfer of equity — quickly, affordably, and correctly.

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What Is a Transfer of Equity?

A transfer of equity is the legal process of adding or removing a person from the title of a property. Unlike a full conveyancing transaction, a transfer of equity does not involve selling the property — it is a change in the legal ownership structure while the property itself remains in the same hands.

Transfers of equity are common in a variety of situations, including:

  • Relationship breakdown or divorce — one partner transfers their share of the property to the other
  • Marriage or cohabitation — a new partner is added to the title deeds
  • Family gift — a parent transfers equity in a property to a child
  • Buy-out of a joint owner — one co-owner buys out the other's share
  • Tax planning — restructuring ownership for inheritance tax or income tax efficiency
Important: A transfer of equity may trigger Stamp Duty Land Tax (SDLT), Capital Gains Tax (CGT), or both — depending on whether the property is mortgaged and the relationship between the parties. Our panel solicitors will advise you on the tax implications of your specific transfer.

Transfer of Equity and Mortgages

If the property being transferred has an outstanding mortgage, the lender's consent is required before the transfer can proceed. This is because the lender has security over the property and the personal covenants of those named on the mortgage.

In practice, this means:

  • If a person is being removed from the title, the remaining owner must demonstrate to the lender that they can afford the mortgage payments on their own
  • If a person is being added to the title, the lender must consent to the new co-owner becoming party to the mortgage
  • In some cases, a full remortgage may be needed to secure the lender's consent

Our solicitors liaise directly with your mortgage lender and manage their requirements throughout the process.

Does a Transfer of Equity Attract Stamp Duty?

Stamp Duty Land Tax (SDLT) applies to a transfer of equity where consideration is paid — meaning any money changes hands or any mortgage debt is assumed by the person receiving the equity. The SDLT is calculated on the amount of consideration, which includes:

  • Any cash payment for the equity being transferred
  • The proportion of any outstanding mortgage assumed by the new owner

If no consideration is paid and no mortgage is involved, no SDLT is due. Our solicitors will calculate your SDLT liability and advise on any applicable reliefs — including relief for transfers between spouses or civil partners on relationship breakdown, which can substantially reduce or eliminate any SDLT charge.

The Transfer of Equity Process

Initial Advice
Your solicitor advises on the legal, tax, and financial implications of the proposed transfer and confirms the steps required.
Mortgage Lender Consent
If the property is mortgaged, your solicitor contacts the lender to obtain their consent and advises on any conditions they impose.
Title Investigation
The solicitor reviews the current title at HM Land Registry to confirm ownership and identify any restrictions or charges.
Transfer Deed Prepared
The solicitor drafts the TR1 (transfer deed), which is signed by all parties to the transfer.
Completion & Registration
The transfer deed is dated and completed. The solicitor registers the change of ownership and any new mortgage at HM Land Registry.

Transfer of Equity FAQs

Most straightforward transfers of equity complete within 4–8 weeks. The timeline can extend if mortgage lender consent takes longer than expected or if the title has complications that need to be resolved.
Yes — a solicitor is required to prepare and certify the TR1 transfer deed and to register the change of ownership at HM Land Registry. Your mortgage lender will also require a solicitor to act on their behalf. Legal Merchant panel solicitors can act for both you and your lender in most cases, keeping costs down.
Yes — changing the ownership of a mortgaged property requires your lender's consent, and in some cases they may treat it as a trigger to reassess your mortgage terms. In some circumstances — particularly where a co-borrower is being removed — the lender may require you to remortgage. Our solicitors advise on the lender's likely response before you proceed.
A transfer of equity refers specifically to a change in the ownership proportions or the parties named on the title without a sale of the whole property. A transfer of ownership (or a conveyance) typically refers to the full sale of a property from one owner to another. Both require legal advice and registration at HM Land Registry.

Related Services

Our panel solicitors can also help you with related matters:

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