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.
Transfer of equity FAQs
What is a transfer of equity?
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.
How complicated is a transfer of equity?
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.
Do you have to remortgage when undertaking a transfer of equity?
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.
Can my partner buy into my house?
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.
Can I remove my ex-partner from the title deeds to our jointly owned property?
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.
Why is a transfer of equity important if I am no longer residing at a jointly owned property?
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.
Can I use a transfer of equity to change the ownership shares of co-owners?
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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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.
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.
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.
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.
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
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
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.
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.
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.
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.
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
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
Key contacts
Hannah Jones
Conveyancing Executive
Chui Wah Choudhary
Senior Solicitor
Sajith Pillai
Senior Solicitor
Ben Smith
Senior Associate Solicitor
Afshana Ullah
Solicitor
Michelle Parker
Associate Executive
Michala Ward
Conveyancing Executive
Emma Gillespie
Solicitor
Chelsea Marsh
Trainee Solicitor
Miya Smith
Solicitor
Sarah Hogarty
Solicitor
Rume John
Solicitor
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