There are a few circumstances in which you might wish to change the co-ownership status of your property.

These might include:

  • Adding your spouse or partner to the property
  • Removing a former partner from the property (or a former spouse if you have divorced)
  • Reducing inheritance tax liability in the future

Adding or removing someone from the title deeds of a property is known as a transfer of equity. At least one of the original property owners will remain.

What is the process of transfer of equity?

When transferring equity, you will wish to instruct a trusted solicitor to guide you through the process. If someone will be joining your title (ownership of the property with you), both parties can be represented together. However, if someone is to leave – during a divorce process for example -, the parties will need to have separate legal representation.

The key stages of a transfer of equity are as follows:

  1. Your solicitor will download from the Land Registry copies of the title deeds to the property and review these in order to check for any restrictions on the title. For example, in the case of a leasehold property, any change of ownership may require the consent of a management company. It may also be necessary for the ownership of a share of freehold or the ownership of a share in a management company to be transferred.
  2. Your solicitor will draw up the transfer deed document.
  3. Written consent will be needed from any third party such as a mortgage lender before you can proceed. Any such entity will need to be a party to the transfer deed for the transaction to be able to go ahead and it is important to be aware that any mortgage liability will pass to the transferee.
  4. You will meet with your solicitor and a witness in order to sign the transfer deed which will then be sent to your mortgage lender for signature and return to your solicitor. NB Your mortgage lender will likely charge a fee to sign the transfer deed.
  5. Save in the case of a transfer of property in the context of a divorce, stamp duty will be payable if the property is transferred in exchange for any payment PLUS any “assumption of debt” by the party assuming responsibility for the other party’s share of the mortgage exceeds the stamp duty allowance applicable at the time. The rate of stamp duty increases if the party responsible for paying it or their spouse already owns another property. A property lawyer will be able to advice you of any liability obligations.
  6. The Land Registry must be notified. The Land Registry fee will range between £20 and £305 depending on the circumstances.

Transfer of Equity Solicitor Blackheath

At Beverley Morris & Co., we will gladly support you through the equity transfer process, no matter what your circumstances. For more information surrounding Transfer of Equity, contact our team on 020 8852 4433 or email

In 2023, there are set to be updates surrounding Capital Gains Tax, with couples no longer needing to settle their estate within a year of the divorce and pay Capital Gains Tax bills. Learn more here.