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The legal process for transferring the legal ownership of a property is called a transfer of equity.

A transfer of equity is often the result of a substantial change of circumstances for yourself and anyone else involved. As such, it’s imperative that you get legal advice.

What is a Transfer of Equity?

A Transfer of Equity is the transfer in ownership, or co-ownership of a property. There are a number of reasons for transferring equity. These include;

  • Removing an ex-partner from the deeds after a divorce
  • Adding a spouse to the deeds of your home after getting married or re-married
  • The gifting of a property
  • Reducing future inheritance tax liabilities in the event of a person’s death
  • To take advantage of personal capital gains limits

What is Equity?

Equity is the value if your property minus the outstand mortgage amount. So if you bought your home for £250,000 and your remaining mortgage is £100,000, you have £150,000 of equity.

What’s the Process For Transferring Equity?

Before you start a transfer of equity, you need an original copy of the title to the property. We use this to check if there are any existing mortgage s on the property. It’s also use to check if there are any restrictions on the property.

We’ll then review the title deeds, check and confirm your ID and then prepare the transfer deeds.

The next step depends on whether you have a mortgage on your property or not.

If There’s No Mortgage

You and the new owner(s) will sign the transfer deed in the presence of a witness. We’ll then register the transfer deed with the land registry. We’ll also need a Stamp Duty Land Tax certificate if the value of the property is more than £40,000.

If There is a Mortgage

You’ll also need the consent of your mortgage lender.

When you add another person to the title of the property, they become liable for the mortgage. On the other hand, if you’re removing someone from the property title, the remaining owner becomes responsible for the mortgage.

The mortgage lender will need to be satisfied that the remaining or new owners are able to carry on paying the mortgage payments.

We’ll contact your mortgage lender on your behalf and ask for written consent to the transfer. Before consenting to the transfer, they might change the terms and conditions of the mortgage.

If your mortgage lender refuses to agree to the title transfer, you’ll need to pay off the mortgage first. Either with a cash payment or through re-mortgaging with a different lender who agrees to the transfer.

How Long Does a Transfer of Equity Take?

At Rotheras, we know the importance of completing property transactions as quickly. Especially when it’s a family home.

In most cases, a transfer of equity takes 4-6 weeks. That said, every transaction is unique so each one can take a different length of time to complete.

For example, if there’s a mortgage involved, it’s likely to take longer than if there’s no mortgage.

How Much Does a Transfer of Equity Cost?

When transferring equity, there are two costs;

  1. Your solicitors fee (our are very transparent), and
  2. The Land Registry fee

Other fees might apply but this depends on the transfer. For example, if you’re applying for a new mortgage, then you’ll need to pay for the search fees. Also, depending on the amount of equity in the property, it may be subject to Stamp Duty Land Tax.

We will discuss any and all potential fees with you at the very start so you know exactly how much it will cost and when.

Why Use Rotheras For Transfer of Equity?

We have an experienced property and conveyancing team and a network of four offices operating across Nottingham.

When you instruct us to act on your behalf, we’ll assign a team member and give you access to their direct phone number and email address.

They will look after the transaction from beginning to end and keep you updated on progress at all stages of the process. They will also let you know about any communication with third parties such as mortgage lenders or where any third party disbursements such as stamp duty are payable.

We can also assist with mortgaging the property where required.

Once the transfer of equity is complete we will make an application to the Land Registry to register the new ownership of the property on your behalf.

We can advise you on Stamp Duty.

We can also draw on the experience of our Wills, Probate and Trusts and Family Law teams where needed to provide you will a comprehensive service that addresses all of your queries, including advice on inheritance tax and capital gains tax.

Our fees are transparent and we speak in plain English. You’ll always know how much you’re paying and where the transaction is up to.

Contact our Conveyancing Team

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Michelle Young

“We explain costs clearly – so there’s no hidden surprises”

Michelle Young
Head of Conveyancing

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Posted 27/01/2020

Anton Balkitis frequently represents the operators of both goods and passenger vehicles in court proceedings. Clients remark: "He has a commercial understanding of real-life issues and will always provide a balanced view

Chambers UK, 2019

Posted 27/01/2020

Impressive group with expertise in both matrimonial finance cases and children matters. A strong childcare team handles cases involving physical and emotional abuse, as well as fatalities. Well versed in matters with international aspects, Hague Convention cases, as well as adoption and guardianship issues.

Chambers UK, 2018

Posted 02/06/2020

Chris Powell at Rotheras was recommended to us by a trusted associate within the Transport Industry; without doubt we wouldn’t have had the excellent outcome we did without his and his team’s involvement. The level of professionalism, expert advice and assistance was faultless; we felt reassured and well informed throughout the whole process. It was a pleasure to do business with him and would highly recommend his services!

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The team at Rotheras, and Mr Powell in particular, have provided us with an outstanding service. We are extremely grateful for the help and support they gave us in dealing with issues relating to our transport operations and our goods vehicle operators licence. Mr Powell was professional, knowledgable, efficient and effective. He quickly understood our business and the problem we had. He responded with sensible advice and acted quickly on our behalf to resolve the matter. I cannot thank him enough for his help and I would recommend Mr Powell, and the Rotheras team, without hesitation. I am extremely grateful for the help they gave us.

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I would highly recommend James Briggs, solicitor at Rotheras. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

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We are in the middle of launching our own packaging agency and contacted Rotheras for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rotheras.

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I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.

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Anton has substantial experience acting for commercial goods hauliers and other transport operators. He advises on a range of contentious issues including operator licence, maintenance and tachograph matters, with a wealth of experience acting in public inquiries before Traffic Commissioners."Anton is a highly informed and personable lawyer.

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Contact our Conveyancing Team
Conveyancing
Michelle Young

Michelle Young

m.young@rotheras.co.uk

Michelle Young is a residential property specialist and heads up the residential property team at Nottingham-based law firm Rotheras Solicitors.

Lucy Pettitt

Lucy Pettitt

l.pettitt@rotheras.co.uk

Lucy Pettitt has amassed over 12 years of experience in all aspects of Conveyancing.

Emily Weston

Emily Weston

e.weston@rotheras.co.uk

Emily Weston is as a Senior Associate Solicitor in the Residential Conveyancing team and is based primarily at our Beeston office.

Laura_Smith

Laura Smith

ll.smith@rotheras.co.uk

Laura Smith is a Licensed Conveyancer in the residential property department at Rotheras Solicitors and is based at our Lace Market Office.

Kerry Brown

Kerry Brown

k.brown@rotheras.co.uk

Kerry Brown is a residential property specialist at Nottingham-based law firm Rotheras Solicitors.

Jo Goddard

Johanna Goddard

j.goddard@rotheras.co.uk

Jo Goddard has over 20 years experience specialising in all aspects of residential conveyancing and regularly acts for clients on sales, purchases, remortgages and transfers of equity and is part of one of the largest conveyancing teams across the East Midlands.

Kerry Redfern

Kerry Redfern

k.redfern@rotheras.co.uk

Kerry Redfern is a residential property specialist at Nottingham-based law firm Rotheras Solicitors.

Joanne Derbyshire

Joanne Derbyshire

j.derbyshire@rotheras.co.uk

Joanne Derbyshire is a Solicitor in Rotheras’ conveyancing department and is based at our Beeston office.

Sally Cooper

Sally Cooper

s.cooper@rotheras.co.uk

Sally is our first point of contact for any new conveyancing enquiries that come in to the department and provides a bespoke quoting service for prospective clients, estate agents and other referrers of work.

Penelope Baird

Penelope Baird

p.baird@rotheras.co.uk

Penelope Baird is a Paralegal in Rotheras residential conveyancing department and is based at our Beeston office.

Vicki Ettles

Vicki Ettles

v.ettles@rotheras.co.uk

Vicki Ettles is a Paralegal in the residential conveyancing department at Rotheras and is based at our Lace Market office.

Grace Millward

Grace Millward

g.millward@rotheras.co.uk

Grace Millward is a Paralegal in Rotheras Residential Conveyancing department and is based at the Beeston office.

Hollie Moore

Hollie Moore

h.moore@rotheras.co.uk

Hollie Moore is a Senior Paralegal in the Conveyancing department.

Ellie Robinson

em.robinson@rotheras.co.uk

Ellie Robinson is a Senior Paralegal in the residential conveyancing department at Rotheras and is based at our West Bridgford office.

Lucy Dixon

Lucy Dixon

l.dixon@rotheras.co.uk

Lucy Dixon is a Paralegal in Rotheras’ Conveyancing department and is based at our Beeston branch.

Sophie Lydon

Sophie Lydon

s.lydon@rotheras.co.uk

Sophie Lydon is a Paralegal in Rotheras’ Conveyancing department and is based at our Lace Market office in the heart of Nottingham city centre.

Joanna Merriman

Joanna Merriman

j.merriman@rotheras.co.uk

Joanna Merriman in Associate Solicitor in our Conveyancing department. Joanna is based at our Head Office in the Lace Market.

Safina Frankson

Safina Metcalfe

s.metcalfe@rotheras.co.uk

Safina Metcalfe is a Paralegal based within our Residential Conveyancing department. Safina is based at our Head Office in the Lace Market.

Shelby Richardson

s.richardson@rotheras.co.uk

Shelby Richardson is a Senior Paralegal in Rotheras’ Conveyancing department and is based at our West Bridgford branch.

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