Transfer of Equity Solicitors

We offer expert advice on transfer of equity in various contexts

Let us protect everyone involved in the property transfer especially where you have a mortgage on the property.

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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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Excellent

Based on 457 reviews
09 Jan 2025

Sylvia Garcia, great job.

Sylvia Garcia batted for us in what proved to be a much more complex purchase than we had anticipated and we were very glad she was there in our corner. A charming person to deal with and her services were great value for money.


reginald docherty
07 Jan 2025

Saranya Arun

Sajith from Eric robinson solicitors handled our case with the utmost professionalism and care. We are thankful for his exceptional legal service throughout the journey of purchase. I highly recommend.


customer
02 Jan 2025

Very good experience, highly recommend Sajith

Sajith Pillai was very helpful and kept track of all proceedings very diligently. He was proactive in communicating challenges and potential risks which helped us plan ahead with confidence. We had really tight timelines and complexities which was dealt with professionally. Thank you to Sajith and Eric Robison group for all the support to get our home ready in time.


Bharath Nair
25 Dec 2024

Sajith Pillai from Eric Robinson…

Sajith Pillai from Eric Robinson Solicitors provided an exceptional service from the beginning till the end of the whole transaction. Even though there were some unforeseen delays from sellers side, Sajith always kept me updated about the progress and was chased through relevant parties for quick closure. Also Sajith was always available for a call to clarify any doubts/questions. Thank you Sajith & Team.


Jaimy Jose
21 Dec 2024

5 star firm Emma Gillespie

Very good firm. Emma Gillespie was very professional and got my sell and purchase competed in good time. Thanks again


Lloyd Lemarechal
20 Dec 2024

We were recommended Eric Robinson…

We were recommended Eric Robinson lawyer (Sajith Pillai) by one of our friend for our house purchase. I must say we are completely satisfied throughout the whole process and were kept updated at each stage. Sajith was exceptional in follow ups with the builders and very transparent. I would highly recommend Sajith to anyone who is planning to buy a house. Thanks for all the support. Regards, Jijin


K V
09 Jan 2025

Sylvia Garcia, great job.

Sylvia Garcia batted for us in what proved to be a much more complex purchase than we had anticipated and we were very glad she was there in our corner. A charming person to deal with and her services were great value for money.


reginald docherty
07 Jan 2025

Saranya Arun

Sajith from Eric robinson solicitors handled our case with the utmost professionalism and care. We are thankful for his exceptional legal service throughout the journey of purchase. I highly recommend.


customer
02 Jan 2025

Very good experience, highly recommend Sajith

Sajith Pillai was very helpful and kept track of all proceedings very diligently. He was proactive in communicating challenges and potential risks which helped us plan ahead with confidence. We had really tight timelines and complexities which was dealt with professionally. Thank you to Sajith and Eric Robison group for all the support to get our home ready in time.


Bharath Nair
25 Dec 2024

Sajith Pillai from Eric Robinson…

Sajith Pillai from Eric Robinson Solicitors provided an exceptional service from the beginning till the end of the whole transaction. Even though there were some unforeseen delays from sellers side, Sajith always kept me updated about the progress and was chased through relevant parties for quick closure. Also Sajith was always available for a call to clarify any doubts/questions. Thank you Sajith & Team.


Jaimy Jose
21 Dec 2024

5 star firm Emma Gillespie

Very good firm. Emma Gillespie was very professional and got my sell and purchase competed in good time. Thanks again


Lloyd Lemarechal
20 Dec 2024

We were recommended Eric Robinson…

We were recommended Eric Robinson lawyer (Sajith Pillai) by one of our friend for our house purchase. I must say we are completely satisfied throughout the whole process and were kept updated at each stage. Sajith was exceptional in follow ups with the builders and very transparent. I would highly recommend Sajith to anyone who is planning to buy a house. Thanks for all the support. Regards, Jijin


K V
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