In short
A transfer of equity changes who owns a property without it being sold on the open market, for example adding a partner or removing an ex-partner. A regulated conveyancer prepares the transfer deed, obtains mortgage lender consent, checks any tax position and updates the register at HM Land Registry. Independent legal advice may be needed for anyone giving up their share.
What a transfer of equity is
A transfer of equity is a change in the legal ownership of a property you already own. Common reasons include adding a new partner or spouse, removing an ex-partner after separation or divorce, transferring a share to a family member, or moving ownership into joint names for estate planning.
Because ownership changes, the transfer must be documented in a deed and registered at HM Land Registry. If there is a mortgage, the lender must agree. Affordable Conveyancing introduces you to a regulated conveyancer (SRA or CLC regulated) who carries out the work.
The transfer of equity process step by step
- Instruction and ID. Everyone involved – those staying on, joining or leaving – completes identity checks.
- Title check. Your conveyancer reviews the title register for restrictions, other charges or notices.
- Lender consent. If there is a mortgage, the lender is asked to approve the change. Often this means a new mortgage or remortgage in the new owners' names.
- Tax review. Your conveyancer considers whether Stamp Duty Land Tax (England) or Land Transaction Tax (Wales) applies, for example where a mortgage is taken over or money changes hands.
- Transfer deed. A TR1 transfer deed (or similar) is prepared and signed, with witnessing.
- Completion. Any money is paid and, if relevant, the new mortgage completes.
- Registration. The new ownership and any new charge are registered at HM Land Registry.
What's included in a fixed-fee quote
- Legal fee for the transfer, with any supplement if it runs alongside a remortgage.
- Disbursements, such as HM Land Registry fees, official copies, ID check fees and bank transfer charges.
- VAT on the legal fee and any applicable disbursements.
Any SDLT or LTT due is a tax and is shown separately. Our plain-English guide to disbursements explains the typical lines on a quote.
We may receive a fee from the conveyancer we introduce you to. If so, it will be disclosed to you in writing before you instruct them, and it does not change the quote you're given.
Stamp duty on a transfer of equity
A transfer can be liable to SDLT or LTT if there is "chargeable consideration", which may include taking on a share of an existing mortgage, not just cash. Transfers on divorce or dissolution of a civil partnership can be treated differently. The rules are detailed, so your conveyancer will check your situation against HMRC's Stamp Duty Land Tax guidance at the time of the transfer.
How long does it take?
A transfer of equity with no mortgage can be quick once everyone has signed. Where a lender is involved, the timescale usually depends on how long the lender takes to approve the change or issue a new mortgage offer. In practice, many transfers complete within a few weeks to a couple of months, but delays in lender consent or signatures are common.
Transfers between family members
Transferring a share to a child or another relative can have consequences beyond conveyancing, including Capital Gains Tax, Inheritance Tax and the effect on any benefits or care funding assessments. Your conveyancer will deal with the transfer itself, but you may also need advice from a tax adviser or a solicitor who specialises in wills and estate planning before you sign.
Documents you'll need
- Photo ID and proof of address for every party.
- Mortgage account details and, where relevant, the new mortgage offer.
- Details of any payment being made between the parties.
- A court order or financial settlement, if the transfer follows divorce or dissolution.
- Information on any declaration of trust or agreement about shares in the property.
Common issues
- Independent advice. The person giving up their share, or anyone in a vulnerable position, may need independent legal advice so the transfer isn't open to challenge later.
- Joint tenants or tenants in common. The way you hold the property affects what happens on death; GOV.UK explains joint property ownership.
- Lender affordability. A remaining owner may not pass the lender's checks alone, which can stall the transfer – see our page on remortgaging alongside a change of ownership.
- Title complications such as old restrictions or a missing owner, covered in our guides to conveyancing problems.
This page is general information, not legal or tax advice.
How we can help
Tell us who is joining or leaving the ownership and whether there is a mortgage. Request a transfer of equity quote and we'll arrange an itemised, fixed fee from a regulated conveyancer.
Frequently asked questions
Do I need my mortgage lender's permission to add someone to the deeds?
Yes, if the property is mortgaged. The lender's charge usually prevents changes in ownership without consent, and the new owner will normally need to become a borrower too, which means passing the lender's affordability and credit checks.
Is stamp duty payable when adding a partner to the title?
It can be. SDLT or LTT may apply if the new owner pays money or takes on part of the mortgage and the value of that exceeds the relevant threshold. Gifts with no mortgage involved are often not taxable, but your conveyancer will check your circumstances.
Can I remove my ex-partner from the property without selling?
Yes, by a transfer of equity, provided your ex-partner agrees or a court orders it, and your lender approves you taking on the mortgage alone. Each of you may need separate legal advice, particularly if it forms part of a divorce settlement.
