Transfer of Equity
Your Property Guide

Our residential lawyers, are experts at guiding clients through a “Transfer of Equity” transaction

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Our residential team of experienced and qualified lawyers will help guide you through and manage
the legal process of a Transfer of Equity, whether you are adding or removing an owner, dealing with
relationship changes, or restructuring ownership for financial or tax reasons.

What is a Transfer of Equity?

A Transfer of Equity is the legal process by which the ownership of a property is changed, without the property being sold on the open market. This usually involves:

Adding a new owner to the title.
Removing an existing owner from the title.
Changing ownership shares between existing owners.

Common situations include marriage, separation or divorce, tax planning, or transferring property between family members.

Our Approach

We understand that a Transfer of Equity can often arise during sensitive or significant life events. Our expert residential legal team will ensure the process is handled efficiently, clearly, and with a personal touch, keeping matters as straightforward as possible for you.

The Key Stages of a Transfer of Equity

1. Initial Instructions and Advice

Once you contact us, we will:

Take your instructions and confirm who is being added to or removed from the title.
Establish whether the property is freehold or leasehold.
Check whether there is a mortgage secured against the property.
Confirm whether the transfer is for value or by way of gift.
Deal with identity and anti-money laundering checks for all parties

If the property is mortgaged, the lender’s consent will usually be required before the transfer can proceed.

2. Mortgage Lender and Third-Party Requirements

If a mortgage is in place:

We will liaise with your lender to obtain their formal consent to the transfer.
The lender may require affordability checks or a new mortgage offer.
Any outgoing owner will normally need to be released from their mortgage obligations.

If the property is leasehold, notice may also need to be served on the landlord or managing agent, and their requirements complied with.

3. Title Checks and Legal Documentation

At this stage we will:

Review the registered title to the property.
Prepare the Transfer Deed (TR1).
Draft or review any Declaration of Trust if ownership shares are changing.

We will explain the legal implications of the transfer to you in clear, non-technical language and answer any questions you may have.

4. Signing and Completion

Once all requirements have been satisfied:

The Transfer Deed and any mortgage documents will be signed.
A completion date will be agreed.
Any monies required (for example, mortgage funds or balancing payments between parties) will be dealt with.

On completion, the ownership of the property will be formally transferred in accordance with your instructions.

5. Post-Completion and Registration

Following completion, we will:

Submit the application to the Land Registry to update the title.
Notify the mortgage lender and any relevant third parties.
Serve any required leasehold notices.

Once registration is complete, we will provide confirmation that the transfer has been finalised.

Stamp Duty Land Tax (SDLT)

Depending on the circumstances, Stamp Duty Land Tax may be payable, particularly where a mortgage is being taken over or consideration is paid. We will advise you on whether SDLT applies and deal with the submission on your behalf if required however, we will not provide you with any tax or financial advice, other than in respect of basic SDLT matters.

How We Can Help

Our residential property team will manage your Transfer of Equity from start to finish, ensuring the process is legally sound, transparent, and tailored to your individual circumstances.

If you would like further information about Transfers of Equity or wish to discuss your situation, please get in touch with one of our team who will be happy to assist.

If you would like further information on the services we provide or how we can help with your Transfer of Equity please get in contact with one of our Team. Download our PDF guide to

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I can only recommend Ashworths. Been using them for
over 15 years, simply the best.”

Mr V. London

Transfer of Equity Your Property Guide