Transfer of Equity

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Transfer of Equity solicitors you can trust

Whether you're adding a partner to your property title or removing a former co-owner, a Transfer of Equity ensures the legal ownership reflects your current situation. At PCS Legal, our experienced solicitors guide you through the process with clarity, care, and efficiency.

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What is a Transfer of Equity, and when might you need one?

A Transfer of Equity is the legal process of changing the ownership of a property, either by adding or removing one or more individuals from the title deeds. It doesn’t always involve transferring money, but it does involve significant legal and financial considerations.

Whether you’re adjusting ownership as a result of marriage, separation, or inheritance, PCS Legal can ensure the process is handled professionally, with your interests fully protected.

Common scenarios where a Transfer of Equity is required:

  • Marriage or civil partnership – Adding a partner to the legal title

  • Separation or divorce – Removing a former partner following a relationship breakdown

  • Family arrangements – Transferring ownership between parents and children, or among siblings

  • Tax or estate planning – Changing ownership structure to support longer-term financial goals

  • Remortgaging – Adjusting ownership as part of a refinancing agreement

Whatever the reason, a Transfer of Equity ensures the legal ownership of your property reflects your current situation.

Why legal advice is essential

Even if no money is changing hands, a Transfer of Equity is still a legal transaction with consequences. You may need to seek consent from your mortgage lender, submit a Stamp Duty Land Tax return, or deal with the impact of the transfer on any existing loan agreements.

At PCS Legal, we understand how important it is to get this right. Our experienced conveyancers handle these transactions regularly and will guide you through each step, ensuring your transfer is processed smoothly, quickly, and with the appropriate protections in place.

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Our team has extensive experience in service of process, offering clear legal advice tailored to your situation.

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Our licensed conveyancers and property lawyers ensure a smooth transaction from start to finish.

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How PCS Legal handles the Transfer of Equity process

At PCS Legal, we provide a clear, efficient, and supportive service for Transfer of Equity matters. Whether your situation is simple or more complex, we ensure all legal requirements are met and your interests are safeguarded throughout.

A clear, step-by-step process

1. Initial review
 We begin by gathering information about the current ownership, the intended changes, and any mortgage arrangements. We will confirm whether lender consent or additional legal documents are required.

2. Drafting the Deed of Transfer
 Our team will prepare a Deed of Transfer, which sets out the new ownership structure and ensures all parties understand and agree to the changes.

3. Coordinating with your lender (if applicable)
 If there is a mortgage on the property, we will liaise directly with the lender to obtain consent and deal with any associated formalities. Where a remortgage is involved, we can manage this within the same transaction.

4. Signing and registration
 Once all parties have signed, we submit a Stamp Duty Land Tax return to HMRC (even if no SDLT is payable) and register the new ownership details with HM Land Registry. Once registration is complete, the process is finalised.

Why choose PCS Legal?

  • We act swiftly and communicate clearly at every stage

  • You’ll work with a dedicated conveyancer who understands your specific needs

  • Our fees are fixed and transparent — no unexpected costs

  • We use modern systems, including our MovinMe portal, to streamline your experience

From the first conversation to final registration, PCS Legal is committed to making your Transfer of Equity smooth, stress-free, and handled with care.

Transfer of Equity frequently asked questions

  • Yes. A Transfer of Equity is a legal transaction involving property ownership, and a solicitor or licensed conveyancer is required to draft the Deed of Transfer, handle HM Land Registry submissions, and deal with any Stamp Duty obligations. If a mortgage is involved, your solicitor must also act for the lender and ensure their requirements are met.

  • Yes, you can. The process is generally more straightforward if the property is mortgage-free, as no lender consent is required. However, legal formalities still apply, and it's essential to instruct a solicitor to prepare the documentation, file the SDLT return, and register the new ownership at HM Land Registry.

  • Most Transfers of Equity take between 2 to 4 weeks, depending on whether a mortgage or remortgage is involved and how quickly all parties respond. PCS Legal works proactively to complete your transfer efficiently, keeping you updated throughout the process.

  • Stamp Duty Land Tax (SDLT) may apply if there is a financial consideration involved — for example, if one party takes on an existing mortgage or pays money to the other. Even if no SDLT is payable, a return must still be submitted to HMRC. We will advise you based on your specific circumstances and handle the filing on your behalf.

  • Yes. A Transfer of Equity is commonly used to reflect changes in ownership after a divorce or separation, typically as part of a financial settlement. One party may be removed from the title, or the ownership share may be adjusted. Your solicitor will ensure the transfer reflects the agreement and complies with any court orders or mortgage requirements.

  • Yes. It is possible to gift all or part of your share in a property using a Transfer of Equity. However, gifting property may have tax implications, including potential Capital Gains Tax or Inheritance Tax considerations, so it’s important to seek legal advice before proceeding.

  • Yes. Once the Deed of Transfer is signed and any lender formalities are complete, your solicitor will register the new ownership details with the HM Land Registry. This ensures the property title reflects the correct legal owners and any charges (such as mortgages) are properly recorded.

  • If there is an existing mortgage on the property, your lender must consent to the transfer and may require a remortgage or additional checks. PCS Legal acts on your behalf and will also liaise with your lender to meet their legal requirements as part of the transaction.

  • Typically, you’ll need identification documents, details of the current and new owners, and any mortgage or lender information. Your solicitor will also draft a Deed of Transfer and complete the required Stamp Duty forms and Land Registry paperwork. Additional documents may be required if refinancing or acting under a court order.

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