Residential Property

Transfer of Equity

‘Transfer of equity’ refers to the change the legal ownership of a property by the formal process of adding or removing someone from the title deeds of the property.

Reasons for Transfer of Equity.

There are many reasons why you might want to change the legal ownership of your property.

Divorce or Separation – It may have been agreed or ordered at Divorce for the ownership of the property to change.

New Relationship – You might wish to consider registering your new partner as a joint owner of your property, if you have started living together and intend the property to be your joint home.  

Tax Efficiency – Some owners sometimes transfer equity to their children or other family members to be more tax efficient. 

Gift – you may wish to transfer the whole or part of your property to someone as a gift.

Investment – you may agree that another party acquires a share of your property in return for cash.

What if you have an existing mortgage?

When transferring equity, there are additional factors to consider if you have a mortgage or other charge secured on your home.

Firstly, you will need to obtain the written consent of the lender before the transfer process can be completed. Without the consent of the lender, the Land Registry will be unable to register the change of ownership in respect of the legal title.

The lender may stipulate that the mortgage must be redeemed, or the new party added to the current loan by way of a new mortgage deed before they will consent to the change of legal ownership.

Similarly, when someone is removed off the title, they are simultaneously seeking to remove themselves from the credit agreement represented by the mortgage. You can’t just walk away from a credit arrangement as you can from any other: you have to first resolve the debt you still owe.

If the existing mortgage is to be kept by the person whose name will stay on the property, the lender must be satisfied that that person will be able to make the required mortgage payments on his or her own.

Usually, a new mortgage will be incepted by the remaining owner in their sole name so that the outgoing party can be released from the obligations under the existing mortgage.

If a new owner is being added to the legal title to your property, then it is sometimes the case that there will need to be a new mortgage in the joint names of the new owner and the current owner.

How much does a transfer of equity cost?

At Laker Legal we specialise in all aspects of the transfer of equity process and can offer a fixed fee from £500 plus VAT to carry out the legal work for you.

There will also be a cost to the Land Registry which you must pay when changing the title deeds.  This cost is calculated by reference to the deemed value of the property which is being transferred.

If you would like to discuss further and obtain a written quote then please contact us today.

Laker Legal Solicitors are on the panel of the majority of major mortgage lenders and so should be able to assist you in your proposed transaction.

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I used the services of Jess and the team at Laker Legal as a first time buyer looking for properties to buy, near and around Bath.

Jess was fantastic, in her communication during the process as well as her knowledge and ability during the conveyancing process. She helped me make informed decisions and ultimately find and purchase a wonderful home near Bath. Jess is adept at spotting potential issues during a purchase that I believe others may not.

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Best conveyancing experience ever. After two supposedly good law firms failed to even do the basics post instruction, for nearly 8 weeks, Jess at Laker Legal took on the difficult challenge of overseeing my purchase and completion in record time. Always proactive, very knowledgeable of her subject and extremely good communicator. I never had to chase the firm for anything. They always answered my calls efficiently. I can't praise them enough. What a wonderful experience.

I recommend Jess and would be very happy to use her again in the future.

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