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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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I had been a customer around 20 years…

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Our “quick” sale was in fact a marathon…

Our “quick” sale was in fact a marathon due to things out of our control but luckily we had Sylvia Garcia on our side the whole time fighting many battles and tackling some complex situations. I spent a lot of time speaking with her on the phone and her knowledge and professionalism knows no boundaries. She was a pleasure to deal with. We are very grateful for Sylvia. Would recommend 100%.


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I recently worked with Sarah Hogarty, Associate Solicitor in the Residential Conveyancing Department at Eric Robinson Solicitors and her fabulous team, for the purchase of my new home, and I couldn’t be more pleased with the service I received. Sarah and her team were incredibly patient and helpful throughout the entire process. They took the time to answer all of my questions clearly, no matter how small, and always made sure I was kept in the loop. Communication was excellent from start to finish, which gave me real peace of mind. Thanks to their professionalism and support, the whole experience felt much less stressful than I expected. I’m truly grateful for their help and would highly recommend Sarah and her team to anyone going through the home-buying process.


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What should have been a relatively…

What should have been a relatively straightforward sale became more complex after part of the chain fell through but Sylvia Garcia worked with us throughout the process and we managed to get it over the line after a lot of work. Highly recommended


Thomas Luby
06 Jul 2025

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Very clear, professional, friendly and helpful initial meeting that covered aspects we hadn’t considered. After which all our questions were dealt with promptly as everything fell into place in the agreed timelines.


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30 Jun 2025

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.


Dom
01 Aug 2025

I had been a customer around 20 years…

I had been a customer around 20 years ago and needed some help. I feel Eric Robinson went above and beyond to help me with no gain to themselves. Great service!!


Consumer
31 Jul 2025

Our “quick” sale was in fact a marathon…

Our “quick” sale was in fact a marathon due to things out of our control but luckily we had Sylvia Garcia on our side the whole time fighting many battles and tackling some complex situations. I spent a lot of time speaking with her on the phone and her knowledge and professionalism knows no boundaries. She was a pleasure to deal with. We are very grateful for Sylvia. Would recommend 100%.


simon bruton
10 Jul 2025

Excellent Support and Communication Throughout My Home Purchase

I recently worked with Sarah Hogarty, Associate Solicitor in the Residential Conveyancing Department at Eric Robinson Solicitors and her fabulous team, for the purchase of my new home, and I couldn’t be more pleased with the service I received. Sarah and her team were incredibly patient and helpful throughout the entire process. They took the time to answer all of my questions clearly, no matter how small, and always made sure I was kept in the loop. Communication was excellent from start to finish, which gave me real peace of mind. Thanks to their professionalism and support, the whole experience felt much less stressful than I expected. I’m truly grateful for their help and would highly recommend Sarah and her team to anyone going through the home-buying process.


Happy Mum
08 Jul 2025

What should have been a relatively…

What should have been a relatively straightforward sale became more complex after part of the chain fell through but Sylvia Garcia worked with us throughout the process and we managed to get it over the line after a lot of work. Highly recommended


Thomas Luby
06 Jul 2025

Very clear

Very clear, professional, friendly and helpful initial meeting that covered aspects we hadn’t considered. After which all our questions were dealt with promptly as everything fell into place in the agreed timelines.


Mr Ed Gardner
30 Jun 2025

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.


Dom
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