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We offer expert advice on transfer of equity in various contexts

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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 582 reviews
16 May 2026

Probate

I contacted Kristen Wood to arrange an appointment in March to talk about my late husbands estate. Kristen had previously handled my father in laws estate in 2021 and we were very pleased with the service received. My husbands estate was quite straightforward and Kristen provided me with an effective way to pursue probate. I received the same great service as before and all was completed at the beginning of May. I would not hesitate to use Eric Robinson again in the future. From start to finish Kristen was professional whilst being sympathetic to my current situation. There would be no hesitation in recommending the Chandlers Ford office simply because the staff and service are first class.


Kazp
15 May 2026

Sale of my flat

Emma helped with the process of selling my flat, it wasn’t the most smoothest of sales (external issues) but she worked hard to get all completed. Emma was great at communicating throughout the process, and supporting and helping me with sale. Thankyou Emma.


Matt.H
14 May 2026

Fantastic communication – a smooth and stress-free experience!

We couldn’t be happier with the service we received from Eric Robinson Solicitors. Hazzra Huxford and Sylvia Garcia were both fantastic working on the sale of our property and onward purchase. We exchanged contracts just 6.5 weeks after offers were accepted! The whole experience was smooth and stress free, with the best communication and continuous regular updates we’ve experienced working with a conveyancing solicitor. We would highly recommend Eric Robinson Solicitors.


Alysha T
12 May 2026

Eric Robinson Solicitors, solid choice.

Eric Robinson Solicitors has a solid reputation for providing efficient and competent legal services, without inflated pricing. We favoured them when choosing a conveyancing solicitor for the sale of our property and purchase of a new home. Miya Smith at the Winchester office guided us through the process efficiently and with great care, bringing a laser like focus and dealing promptly with a range of issues. We decided not to proceed with one property following the survey and switched to another. The change of direction was accommodated smoothly and between the two properties a wide range of issues were highlighted to us, together with clear options and recommendations. One property had land attached and the services of a commercial land specialist were available when required. We felt well informed about the issues revealed and able to proceed with our eyes open. We are now in our new home and grateful for the very professional service provided. Our particular thanks go to Miya who enhances Eric Robinson’s reputation. Highly recommended.


Ian Freeth
11 May 2026

Chantelle Bennett was my solicitor for…

Chantelle Bennett was my solicitor for the sale of our house and for the purchase of our new house, I found her and her colleague ( Megan ) to be extremely professional, pleasant , helpful and aslo kind 🙂 would highly recommend and would definitely use for anything I need in the future, Thank you Both , Jerry


Gerard
07 May 2026

Great service

Great service from start to finish. We used Miya at Eric Robinson to carry out the services of the sale of our house she/they provided a competitive quote and reassurance, Miya kept in contact with regular updates and some good advice and guidance along the way with selling our first house. I would highly recommend them and Miya’s services! Thanks again!!


Lawrence Griffiths
16 May 2026

Probate

I contacted Kristen Wood to arrange an appointment in March to talk about my late husbands estate. Kristen had previously handled my father in laws estate in 2021 and we were very pleased with the service received. My husbands estate was quite straightforward and Kristen provided me with an effective way to pursue probate. I received the same great service as before and all was completed at the beginning of May. I would not hesitate to use Eric Robinson again in the future. From start to finish Kristen was professional whilst being sympathetic to my current situation. There would be no hesitation in recommending the Chandlers Ford office simply because the staff and service are first class.


Kazp
15 May 2026

Sale of my flat

Emma helped with the process of selling my flat, it wasn’t the most smoothest of sales (external issues) but she worked hard to get all completed. Emma was great at communicating throughout the process, and supporting and helping me with sale. Thankyou Emma.


Matt.H
14 May 2026

Fantastic communication – a smooth and stress-free experience!

We couldn’t be happier with the service we received from Eric Robinson Solicitors. Hazzra Huxford and Sylvia Garcia were both fantastic working on the sale of our property and onward purchase. We exchanged contracts just 6.5 weeks after offers were accepted! The whole experience was smooth and stress free, with the best communication and continuous regular updates we’ve experienced working with a conveyancing solicitor. We would highly recommend Eric Robinson Solicitors.


Alysha T
12 May 2026

Eric Robinson Solicitors, solid choice.

Eric Robinson Solicitors has a solid reputation for providing efficient and competent legal services, without inflated pricing. We favoured them when choosing a conveyancing solicitor for the sale of our property and purchase of a new home. Miya Smith at the Winchester office guided us through the process efficiently and with great care, bringing a laser like focus and dealing promptly with a range of issues. We decided not to proceed with one property following the survey and switched to another. The change of direction was accommodated smoothly and between the two properties a wide range of issues were highlighted to us, together with clear options and recommendations. One property had land attached and the services of a commercial land specialist were available when required. We felt well informed about the issues revealed and able to proceed with our eyes open. We are now in our new home and grateful for the very professional service provided. Our particular thanks go to Miya who enhances Eric Robinson’s reputation. Highly recommended.


Ian Freeth
11 May 2026

Chantelle Bennett was my solicitor for…

Chantelle Bennett was my solicitor for the sale of our house and for the purchase of our new house, I found her and her colleague ( Megan ) to be extremely professional, pleasant , helpful and aslo kind 🙂 would highly recommend and would definitely use for anything I need in the future, Thank you Both , Jerry


Gerard
07 May 2026

Great service

Great service from start to finish. We used Miya at Eric Robinson to carry out the services of the sale of our house she/they provided a competitive quote and reassurance, Miya kept in contact with regular updates and some good advice and guidance along the way with selling our first house. I would highly recommend them and Miya’s services! Thanks again!!


Lawrence Griffiths
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