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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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Chantelle supported us fantastically well during the recent purchase of my wife & I buying our 1st home! Her advice was clear & she was persistent in her efforts to move at pace in line with our ambitious completion date by the end of March. Thank you so much for your help & support that made a potentially stressful situation turn out positively. We would happily recommend Chantelle & Eric Robinson Solicitors to anyone in future!


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I recently completed the purchase of a…

I recently completed the purchase of a property with the help of Eric Robinson Solicitors, and I couldn’t be happier with the service provided. Sarah Hogarty kept me well informed at every stage and was extremely professional, helpful, and responsive. The entire process was handled smoothly, with clear communication and attention to detail. I also appreciated the prompt follow-up after completion, including updates about registering the property and the legal charge. Overall, I felt supported and confident throughout. Highly recommend their services to anyone looking for reliable and efficient conveyancing support.


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04 Apr 2025

Amazing service from Chantelle

Highly recommend Chantelle at Eric Robinson Solicitors. She was brilliant throughout our whole process. Her communication was amazing, she reassured us that no question was too silly and was very efficient with replying to emails and answering the phone. Our process would not have gone through as quickly if it wasn’t for her. We are extremely grateful for her hard work and commitment to our case.


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Eric Robertson has been my family solicitors since I was a little boy (I am in my 50s). We have always used them as their dedication to help knows no bounds. Recently I dealt with Jodi, Sarah and Charlie in regards to a complicated house sale and they were amazing. I cannot recommend Eric Robertsons enough. 10 stars! (out of five)


Jamie Brown
17 Apr 2025

Samantha at Eric Robinson was attentive…

Samantha at Eric Robinson was attentive and made the whole house buying process feel not stressful! I cannot thank them enough!


Joelle Salje
15 Apr 2025

Would happily recommend!

Chantelle supported us fantastically well during the recent purchase of my wife & I buying our 1st home! Her advice was clear & she was persistent in her efforts to move at pace in line with our ambitious completion date by the end of March. Thank you so much for your help & support that made a potentially stressful situation turn out positively. We would happily recommend Chantelle & Eric Robinson Solicitors to anyone in future!


Simon
09 Apr 2025

I recently completed the purchase of a…

I recently completed the purchase of a property with the help of Eric Robinson Solicitors, and I couldn’t be happier with the service provided. Sarah Hogarty kept me well informed at every stage and was extremely professional, helpful, and responsive. The entire process was handled smoothly, with clear communication and attention to detail. I also appreciated the prompt follow-up after completion, including updates about registering the property and the legal charge. Overall, I felt supported and confident throughout. Highly recommend their services to anyone looking for reliable and efficient conveyancing support.


Mahender Singh
04 Apr 2025

Amazing service from Chantelle

Highly recommend Chantelle at Eric Robinson Solicitors. She was brilliant throughout our whole process. Her communication was amazing, she reassured us that no question was too silly and was very efficient with replying to emails and answering the phone. Our process would not have gone through as quickly if it wasn’t for her. We are extremely grateful for her hard work and commitment to our case.


Jess and Jonny
02 Apr 2025

Leasehold Flat sale

Excellent service from start to end of process in the sale of a Leashold Flat, any questions answered promptly and was kept upto date with progress being made.


John Lavington
02 Apr 2025

Above and beyond hard working

Eric Robertson has been my family solicitors since I was a little boy (I am in my 50s). We have always used them as their dedication to help knows no bounds. Recently I dealt with Jodi, Sarah and Charlie in regards to a complicated house sale and they were amazing. I cannot recommend Eric Robertsons enough. 10 stars! (out of five)


Jamie Brown
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