Instruction and consents
01File opened, identity checks completed and lender consent requested.
Transfer of equity
Adding a partner, removing a former one, or transferring a share to family. The paperwork is short; the consequences are permanent.
Typical timescale
3–6 weeks
Fee basis
Fixed fee
Lender consent
Required where a mortgage exists
Often paired with
Remortgage or declaration of trust
01Transfer of equity
When a transfer of equity is needed
A transfer of equity changes who is named as legal owner without a sale on the open market. Common triggers are marriage or civil partnership, separation or divorce, removing a guarantor parent once a mortgage can be carried alone, gifting a share to a child, or restructuring ownership between joint owners.
Where there is a mortgage, the lender must consent — nobody can be released from a mortgage covenant simply by being removed from the title. In practice the transfer often runs alongside a remortgage into the sole or new joint names.
02Transfer of equity
Tax and wider consequences
SDLT can be payable on a transfer of equity where consideration is given, and assuming a share of an outstanding mortgage counts as consideration. Capital gains tax may arise where the property is not the transferor's main residence. A gift of a share can also have inheritance tax and deprivation-of-assets implications.
We will explain the position, tell you plainly where specialist tax or family law advice is required, and will not proceed on an assumption that suits the paperwork rather than you.
03Transfer of equity
Joint ownership and declarations of trust
Where two or more people will own together, we advise on whether to hold as joint tenants — where the survivor takes the whole automatically — or as tenants in common in defined shares, which can be left by will. Where contributions are unequal we recommend a declaration of trust recording the shares and what happens on sale or separation.
STEPSHow the matter runs
Every transfer of equity file follows the same sequence.
Title checked
02Official copies reviewed for restrictions, charges and notices.
Transfer deed prepared
03TR1 or TP1 drafted, along with a declaration of trust where appropriate.
Signature and SDLT
04Deed executed, SDLT position assessed and any return submitted.
Registration
05New ownership registered at HM Land Registry.
Questions we are asked most
Not through a transfer of equity — a transfer requires the signature of the outgoing owner. Where agreement cannot be reached the route is a family law application, and we would refer you to a specialist.
Property law, handled properly.
Need help with transfer of equity?
Send us the basic details and we will come back with a written quotation, the likely timescale and the name of the solicitor who will handle it.