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Transfer of equity FAQs

A transfer of equity will occur where a sole owner of a property adds one or more people to the ownership, or where an existing owner of the property sells their share to those owners who will remain.

The legal process that applies is relatively straightforward. The main issues to have a mind are whether the proposed transfer of equity is dependent upon a remortgage, or whether one of the parties is required to raise monies to purchase the other parties share.

It sometimes necessary for a remortgage to happen alongside a transfer of equity but it is not an absolute rule. A remortgage can sometimes be said to be more likely where one co-owner is acquiring the other co-owner’s share so that the acquiring party becomes the sole owner of the property. In these circumstances any existing mortgage lender would need to give their consent to the mortgage being transferred into the sole name of the retaining party. The lender’s consent would be based on their normal lending principles and the retaining party will be required to demonstrate that they can meet the lender’s affordability criteria.

If this is something that you are willing to do then you are at liberty to make your partner a joint owner. Adding your partner to the property’s title deeds will require the consent of your mortgage provider and it is likely that your mortgage company will insist that your partner becomes a party to the mortgage. You would be wise to take legal advice before making your partner a joint owner because you may well need a property ownership trust drawn up if you will be owning the property in unequal shares. It would also be wise to consider entering into a co-habitation agreement.

This is the sort of scenario that is covered by a transfer of equity. If it has been agreed that you will be acquiring your ex-partner’s share in the property that this agreement can be formalised by reason of a transfer of equity. The transfer will probably be conditional on your lender agreeing for the mortgage to be transferred into your sole and you will no doubt need to pay your ex-partner the value of their equity. In the event that you existing mortgage lender is not willing to transfer the mortgage into your sole name you will need to find a new lender and this will require you to complete a remortgage alongside the transfer in equity.

Under the terms of a jointly held mortgage each party will remain liable to pay the monthly payments until the lender has agreed to release the party who has left the property. This means that even if you have left a property you remain fully liable for the mortgage and you can be pursued for any missed payments and arrears. By completing a transfer of equity and a simultaneous remortgage you are ensuring that you are released from your former obligations.

The transfer of equity process can be used to change the ownership shares of the co-owners of jointly owned property.

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Based on 514 reviews
22 Aug 2025

Bitterne Branch

I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!


Trudy
19 Aug 2025

We are so impressed

We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x


Jenny Horwood
15 Aug 2025

Hazzra was absolutely outstanding – truly an asset to Eric Robinson!

I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!


izzy palmer
07 Aug 2025

I received excellent support and…

I received excellent support and guidance from Terry Campbell- Barnard, after the death of my husband, in managing the registering of probate and transfer of property into my name.


PK
06 Aug 2025

Highly recommended for first time buyers

We used Eric Robinson to help with the purchase of our first home. Miya was absolutely brilliant and we couldn’t recommend her enough. Great communication, fast responses and she answered any queries we had. If you’re purchasing a home, definitely consider Eric Robinson – they made the process far less stressful than what I had anticipated for it to have been!


Claudia
01 Aug 2025

I had been a customer around 20 years…

I had been a customer around 20 years ago and needed some help. I feel Eric Robinson went above and beyond to help me with no gain to themselves. Great service!!


Consumer
22 Aug 2025

Bitterne Branch

I dealt with Michelle in the Conveyancing Dept. To say she is she is fantastic would be a vast understatement! I have worked with numerous solicitors over the years and never with one who was so proactive as opposed to being reactive. It was quite a lengthy chain but we were kept updated throughout and nothing seemed too much trouble. Could not recommend her services enough!


Trudy
19 Aug 2025

We are so impressed

We are in the process of buying our first home, my whole family have used eric Robinson in the past and I’m glad we have used them! Our solicitor Hannah has bent over backwards for me my husband and 2 girls, I can’t wait to give them their own rooms! This was my dream for them and I have actually achieved it! Im so thankful to Hannah for helping make it possible. Thank you 😊 x


Jenny Horwood
15 Aug 2025

Hazzra was absolutely outstanding – truly an asset to Eric Robinson!

I was amazed at how smoothly and quickly the purchasing process was handled. After a previous bad experience with another firm, where I had to pull out of a purchase due to poor service, I was honestly nervous to start again. But Hazzra completely restored my faith in the conveyancing process. From start to finish, she provided clear and continuous updates, ensuring I understood every step of the transaction. Her professionalism, efficiency, and genuine care made what could have been a stressful process feel effortless. Without a doubt, I will be requesting Hazzra for all future property purchases as well as recommending to friends and family. Thank you once again for your exceptional work – you’ve truly made this experience a pleasure!


izzy palmer
07 Aug 2025

I received excellent support and…

I received excellent support and guidance from Terry Campbell- Barnard, after the death of my husband, in managing the registering of probate and transfer of property into my name.


PK
06 Aug 2025

Highly recommended for first time buyers

We used Eric Robinson to help with the purchase of our first home. Miya was absolutely brilliant and we couldn’t recommend her enough. Great communication, fast responses and she answered any queries we had. If you’re purchasing a home, definitely consider Eric Robinson – they made the process far less stressful than what I had anticipated for it to have been!


Claudia
01 Aug 2025

I had been a customer around 20 years…

I had been a customer around 20 years ago and needed some help. I feel Eric Robinson went above and beyond to help me with no gain to themselves. Great service!!


Consumer
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