Transfers of Equity

A transfer of equity takes place when a mortgaged property changes hands, with at least one of the original owners remaining on the title.

You may wish to undertake a transfer of equity if you are:

  • getting married and wish to transfer your property into joint names.
  • getting divorced or separated, and wish to transfer the property from joint to single names.
  • or if you are advised to do so for tax reasons by your financial advisor.

As there is usually no requirement for searches or enquiries to take place, transfers are generally more straightforward than traditional purchases.

Our team have a wealth of experience in transfers and can guide you through the process, including dealing with your mortgage lenders and completing the registration of the transfer at the Land Registry.

Why trust our transfer of equity solicitors with your home?

Our team is independently accredited by the Law Society’s Conveyancing Quality Scheme (CQS) in recognition of the high standards of our residential property services.

We consistently achieve high customer satisfaction, with a very good rate of returning clients and recommendations from previous clients.

We are well known for providing swift, efficient support for equity transfers, helping out clients to get their transfer of equity completed as quickly and smoothly as possible.

Speak to our transfer of equity solicitors in Hoddesdon or Broxbourne

For a free, no obligation transfer of equity quote or to find out more about how we can help you, please get in touch:

How transfer of equity works

1.Instructing a solicitor

The first step is to find an expert residential property solicitor with experience handling transfer of equity. They will be able to talk you through the whole process and any specific issues you need to consider. They can then handle the legal side of the transfer for you.

Depending on the situation, the various parties involved in the transfer may want their own legal representatives to provide peace of mind, but this is not strictly necessary.

2.Reviewing the property title deeds

Your solicitor will need to review the property title deeds to check the details of any mortgage owed on the property and any other restrictions that might affect the transfer of equity. If there is a mortgage on the property, you will need to secure the consent of your mortgage lender before the transfer can go ahead.

3.Remortgaging

If your current lender does not agree to the equity transfer, you may need to remortgage to another lender who is happy for the transfer to go ahead. Your solicitor can help you with the remortgaging process.

Find out more about our expertise with remortgaging.

4.Signing the transfer deed

Once your solicitor has confirmed that the transfer can go ahead, they will draft a deed of transfer that you and the other parties involved in the transfer will need to sign. Once the deed of transfer has been signed, the transfer is complete.

5.Stamp duty declaration

Your solicitor will need to complete a Stamp Duty Land Tax (SDLT) return and submit this to HMRC, even if there is no Stamp Duty to pay.

6.Updating the property title

Once the transfer of equity is complete, your solicitor will need to apply to HM Land Registry to update the property title with the details of the current title holders.

Creating a declaration of trust for a transfer of equity

Adding someone to the title of a property affords them certain legal rights and is therefore a more serious process than it may seem.

For example, if you are adding a new partner to the title, you need to think about what should happen if one of you dies; should the house pass automatically to the survivor or via your will? If your relationship breaks down, how much of the equity should each party be entitled to? Who should make the mortgage payments?

Creating a declaration of trust allows you to clarify the exact financial interests in the property of everyone involved, so there is no room for confusion later. This gives everyone peace of mind that they know where they stand, as well as significantly reducing the potential for conflict in the future.

Our team will help you carefully consider all of the issues you will need to clarify and we can then draft a declaration of trust for you that makes everyone’s positions clear.

Our transfer of equity fees

We offer fixed fee transfer of equity, with a single price agreed in advance covering our fees and any third-party costs (known as ‘disbursements’). This makes the cost of your equity transfer completely transparent from the outset.

In the unlikely event that any unexpected complexities or other issues arise during the course of your transaction, or there is a change to your instructions, we will agree any resultant change in fees with you in advance.

To see how much your transfer of equity might cost, you can request a conveyancing quote.

Find out more about our residential conveyancing pricing.

Transfer of equity FAQs

How long does a transfer of equity take?

If there is no mortgage on the property, the transfer can usually be completed very quickly – often in a matter of days.

However, if there is a mortgage on the property, your lender will normally need to carry out an affordability check to make sure whoever will be on the property title after the transfer can afford the mortgage. This can take several weeks to complete, so will usually be the determining factor in how quickly a transfer can be completed.

How much does a transfer of equity cost?

This will depend on the situation. As well as the solicitors’ fees (for preparing the deed of transfer, reviewing and updating the title deeds etc.), you may also have to pay a transfer fee to your mortgage lender (if you have one) for changing the names on the mortgage.

If you need to remortgage the property to facilitate the transfer of equity, then this has its own associated costs.

To see how much your transfer of equity might cost, you can request a conveyancing quote.

Our other residential conveyancing services

As well as helping with your transfer of equity, our residential conveyancing solicitors in Hoddesdon and Broxbourne can assist with matters including:

You can also find out more about our general residential conveyancing expertise.

Speak to our transfer of equity solicitors in Hoddesdon or Broxbourne

For a free, no obligation transfer of equity quote or to find out more about how we can help you, please get in touch:

 

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