0370 1500 100
Conveyancing & Property Solicitors

Transfer Of Equity Solicitors

If you want to change the legal ownership of a property, the legal process for doing so is known as a transfer of equity. It's essential that you get expert legal advice when transferring equity as it can result in a notable change in circumstances for you and anyone else involved.

We've helped our clients transfer equity for a whole range of reasons, including:

  • Cohabitation arrangements have changed or ended (i.e. in the case of divorce)
  • Court order
  • Property is being gifted
  • Transfer of property between family members
  • When a Trust is formed

Whatever the reason, our conveyancing and property experts at Irwin Mitchell are here to help. We've helped many clients with equity transfers and have the expertise to assist you with completing the process quickly and with the absolute minimum of hassle.

We are one of the leading law firms in the UK for property law and our expert solicitors pride themselves on delivering an effective, prompt and reliable service to each one of our clients.

To get in touch with our conveyancing and property team, please call us on 0370 1500 100 or fill in our contact form and we will call you back.

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  • Helen Hutchison
  • Legal Executive - Partner
Meet The Team
Transfer of Equity - More Information
    • What Is Equity?
    • Equity is the value of your property less the outstanding sum of your mortgage. For example, if you own a home costing £200,000 and you have a remaining mortgage of £80,000, you have £120,000 equity.

      If you got married and want to co-own the property with your new spouse, you can only transfer half of the equity – worth £60,000 in this case – rather than half of the value of the overall property.

    • What's The Process For Transferring Equity?
    • To start a Transfer of Equity you will first need an official copy of the title for the property. This will be used to check if there are mortgages on the property or any other restrictions that might be involved.

      Your conveyancer will then:

      • Review the title deeds or property deeds
      • Check the identity of the clients
      • Prepare the transfer deed

      The next steps depend on whether or not there are any mortgages on the property.

      • If there are no mortgages on the property, the existing and new owners of the property sign the transfer deed in the presence of a witness and the conveyancer registers the transfer deed at the Land Registry. A Stamp Duty Land Tax certificate is needed if the value of the transaction is above £40,000.
      • If there is a mortgage on the property, you will also need the consent of the mortgage lender to go ahead with the transfer.

      This is because if you are adding someone to the title, they will become equally liable for the mortgage. You should also be aware that Stamp Duty Land Tax may be charged on the amount of the outstanding mortgage debt. Please contact us for more information.

      Equally, if you are removing someone from the title, they will pass their liability on to the remaining owners of the property. The mortgage lender will want to check that remaining owners are able to maintain mortgage payments before agreeing to the transfer.

      Your conveyancer will contact the mortgage lender and request written consent to the transfer. The mortgage lender may want to change the terms of the mortgage before consenting. Once written consent is received, the process can continue as above.

      If the mortgage lender does not agree to the transfer, you will need to repay the mortgage before you can go ahead with the transfer. This can either be with a cash payment or a remortgage with a different lender who agrees to the transfer.

      To find out more about the process, or to set it in motion yourself, either call us on 0370 1500 100 or fill in our contact form and we will call you back.

    • Why Should I Choose Irwin Mitchell For My Transfer Of Equity?
    • Irwin Mitchell is one of the leading national property firms and we are passionate about delivering excellent results for each and every client. Our property lawyers are highly experienced experts who will ensure you receive a prompt and reliable service.

      We will keep you up to date, in plain English, at every stage of the process. In the unfortunate event that a dispute arises, we are here to deal with it on your behalf, seeking a swift and favourable resolution.

      Our conveyancing service is competitively and simply priced with all costs laid out upfront so there are no nasty surprises later on. You can manage the entire process by post, phone or email but we also have conveyancing solicitors based in offices around the country for when the personal touch is needed.

      Call free us on 0370 1500 100 to find out more about how we can help you.

    • Meet The Team
    • Our Conveyancing and Property solicitors form one of the largest and most experienced teams in the country. Members of our team are regularly recognised as leading experts in their field by top legal directories Legal 500 and Chambers & Partners.

      Whenever you contact our team you can expect friendly, enthusiastic advice and support. We understand that transfer of equity can be a complicated and stressful process, which is why we are dedicated to making your transaction as simple and stress-free as possible.

      Meet our team of expert conveyancing and property solicitors.

The whole team were pleasant and professional at all times. We recommend them without reservation."

Mr & Mrs Parkes, Client
Mr & Mrs Parkes

Frequently Asked Questions

How Much Does It Cost To Transfer Equity?

For equity transfers there are two mandatory costs:

  • Our fixed legal fee
  • The Land Registry fee

Beyond that, other fees may apply depending on the context of the transfer of equity. If a new mortgage is being taken out as well, then search fees will also apply.  Depending on how much equity there is in the property, Stamp Duty Land Tax may also apply.

We will always discuss fees and payment structures with you at the outset of our involvement so you know exactly what it’s going to cost you and when.

To speak to one of our conveyancing experts, please either call us on 0370 1500 100 or fill in our contact form and we will call you back.

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How Long Does A Transfer Of Equity Take?

Straightforward transfers take about 4-6 weeks, but every transaction is different and each can take a different amount of time. The process will take longer if you have a mortgage.

We understand how important it is to resolve property matters quickly, especially when they concern your family home. Our expert property solicitors will always endeavour to complete your transaction as quickly as possible. With a full service available via post, phone and email, you can take care of everything when it’s convenient for you.

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How Else Can Irwin Mitchell Help?

Irwin Mitchell is a full service law firm and, as such, we have specialist teams with expertise in a wide range of legal fields who can offer advice and legal assistance on a range of related issues. If you’re looking to transfer equity because of the breakdown of a relationship, our Family Law team may be able to help.

If, however, you’re transferring equity for tax purposes, or because you want to ensure your property is protected for the future, then our Trust & Probate team can help make sure the right provisions are made.

To discuss your needs further, please give us a call on 0370 1500 100 or fill in our contact form and we will call you back.

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Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

Private Client Team of the Year - Legal Business Awards 2018 Leading Firm - Legal 500 2017 UK Chambers & Partners Leading Firm 2018

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We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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