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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 468 reviews
17 Feb 2025

Professional, polithe and very helpful

Chui Wah Choudhary has been excellent at every stage. She has kept us informed all the way through the process and has been unfailingly polite and helpful has been excellent at every stage. She has kept us informed all the way through the process and has been unfailingly polite and helpful.


Robert Hayter
14 Feb 2025

I had the pleasure of working with…

I had the pleasure of working with Terry Campbell for some land registry matters, and I couldn’t be more impressed with the service provided. From start to finish, they were highly professional, knowledgeable, and approachable. They guided me through the process with clear communication, ensuring I fully understood each step along the way.


Rebecca Wingate
12 Feb 2025

Safe hands through a stressful life event

We were purchasing a property from an elderly couple and found that information was difficult to obtain. Our Eric Robinson Solicitor, Sylvia was excellent at communicating and managed to obtain information to solve the problems we came across. Sylvia was always helpful and professional on the numerous times we contacted her. I will say that our Eric Robinson Solicitor felt like a safe pair of hands to help us navigate through one of the most stressful life events


Artsy
07 Feb 2025

We recently instructed Sylvia Garcia of Eric Robinson

We recently instructed Sylvia Garcia of Eric Robinsons in the sale of our property. Sylvia was fantastic from start to finish. She was helpful, polite and very efficient. Her services were above and beyond. We definitely recommend Sylvia for your coveyancing matters and will certainly instruct her again in the future.


D P
03 Feb 2025

Leigh Burwood was excellent.

Leigh Burwood was excellent. She did everything she said she would within the time frame. She was calm and reassuring at a very difficult time. I would definitely recommend her.


Chrissie Chisnall
31 Jan 2025

It was a very nice experience with Eric…

It was a very nice experience with Eric Robinson. Thank you


Arunraj Pr
17 Feb 2025

Professional, polithe and very helpful

Chui Wah Choudhary has been excellent at every stage. She has kept us informed all the way through the process and has been unfailingly polite and helpful has been excellent at every stage. She has kept us informed all the way through the process and has been unfailingly polite and helpful.


Robert Hayter
14 Feb 2025

I had the pleasure of working with…

I had the pleasure of working with Terry Campbell for some land registry matters, and I couldn’t be more impressed with the service provided. From start to finish, they were highly professional, knowledgeable, and approachable. They guided me through the process with clear communication, ensuring I fully understood each step along the way.


Rebecca Wingate
12 Feb 2025

Safe hands through a stressful life event

We were purchasing a property from an elderly couple and found that information was difficult to obtain. Our Eric Robinson Solicitor, Sylvia was excellent at communicating and managed to obtain information to solve the problems we came across. Sylvia was always helpful and professional on the numerous times we contacted her. I will say that our Eric Robinson Solicitor felt like a safe pair of hands to help us navigate through one of the most stressful life events


Artsy
07 Feb 2025

We recently instructed Sylvia Garcia of Eric Robinson

We recently instructed Sylvia Garcia of Eric Robinsons in the sale of our property. Sylvia was fantastic from start to finish. She was helpful, polite and very efficient. Her services were above and beyond. We definitely recommend Sylvia for your coveyancing matters and will certainly instruct her again in the future.


D P
03 Feb 2025

Leigh Burwood was excellent.

Leigh Burwood was excellent. She did everything she said she would within the time frame. She was calm and reassuring at a very difficult time. I would definitely recommend her.


Chrissie Chisnall
31 Jan 2025

It was a very nice experience with Eric…

It was a very nice experience with Eric Robinson. Thank you


Arunraj Pr
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