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We offer expert advice on transfer of equity in various contexts
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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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I used Eric Robinson Solicitors to help purchase my first home and Chantelle couldn’t have been more helpful with the process, she constantly gave me updates and was very helpful with any inquiries I had, would definitely recommend them if you’re buying a home.
Sylvia Garcia
Sylvia Garcia, delt with the selling of my mums flat. It turned into a marathon, due to the buyers solicitors being incompetent and the buyer stalling for time. Sylvia was very much on my side but it was an emotional time for me. Sylvia was very professional with emails and always got back to me when l left a message. As an older person l would have liked to engage with someone face to face and didn’t realise Sylvia was working remotely. But, we got there in the end. And l thank her for her time and patience.
Great service
I found Terry Campbell-Barnard to be very knowledgeable and to have a very practical approach with a great attention to detail. His work was also undertaken in a very timely manner. I can therefore very much recommend him.
Helpful conveyancing team
Thanks to Sylvia Garcia and her team I successfully completed my flat purchase. As a first time buyer, she simplified the conveyance process and was very patient, polite and understanding, helping me resolve a tricky situation and getting the transaction over the line.
Smooth and efficient operations working…
Smooth and efficient operations working with Emma Gillespie and Megan Harding
Excellent solicitor at Eric Robinson in…
Excellent solicitor at Eric Robinson in Chandlers Ford. Honest and professional person who answered my questions and completed the task efficiently.
Flat buying process
I used Eric Robinson Solicitors to help purchase my first home and Chantelle couldn’t have been more helpful with the process, she constantly gave me updates and was very helpful with any inquiries I had, would definitely recommend them if you’re buying a home.
Sylvia Garcia
Sylvia Garcia, delt with the selling of my mums flat. It turned into a marathon, due to the buyers solicitors being incompetent and the buyer stalling for time. Sylvia was very much on my side but it was an emotional time for me. Sylvia was very professional with emails and always got back to me when l left a message. As an older person l would have liked to engage with someone face to face and didn’t realise Sylvia was working remotely. But, we got there in the end. And l thank her for her time and patience.
Great service
I found Terry Campbell-Barnard to be very knowledgeable and to have a very practical approach with a great attention to detail. His work was also undertaken in a very timely manner. I can therefore very much recommend him.
Helpful conveyancing team
Thanks to Sylvia Garcia and her team I successfully completed my flat purchase. As a first time buyer, she simplified the conveyance process and was very patient, polite and understanding, helping me resolve a tricky situation and getting the transaction over the line.
Smooth and efficient operations working…
Smooth and efficient operations working with Emma Gillespie and Megan Harding
Excellent solicitor at Eric Robinson in…
Excellent solicitor at Eric Robinson in Chandlers Ford. Honest and professional person who answered my questions and completed the task efficiently.
Key contacts

Chui Wah Choudhary
Senior Solicitor

Ben Smith
Senior Associate Solicitor

Afshana Ullah
Solicitor

Michelle Parker
Associate Executive

Michala Ward
Senior Conveyancing Executive

Emma Gillespie
Solicitor

Chelsea Marsh
Solicitor

Miya Smith
Solicitor

Sarah Hogarty
Associate Solicitor

Rume John
Solicitor

Theresa Woodford
Associate

Ben Morgan
Conveyancing Executive
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