Transfer of Equity
Transfer of Equity solicitors in the East Midlands
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.
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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 of your property minus the outstanding 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 mortgages on the property. It’s also used 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 is 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 Rothera Bray, we know the importance of completing property transactions 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:
- Your solicitors fee (our fees are transparent), and
- 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 Rothera Bray for Transfer of Equity?
We have an experienced property and conveyancing team and a network of eight offices operating across Nottingham, Leicester and Derby.
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 with 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.
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“We explain costs clearly – so there’s no hidden surprises”
Michelle Young
Head of Conveyancing
FAQs
The owner who is buying the other person out must be represented by a solicitor, and the person being bought out can decide whether they want to be represented by a solicitor or not. However, it is recommended that the person being bought out does have legal representation so that they can receive legal advice about the transaction.
Stamp duty is payable when transferring equity. For transfer of equity, stamp duty is payable on the ‘chargeable consideration’, which is calculated on the amount of debt transferred or taken on and would be payable on the amount of mortgage being taken on by the new owner.
Firstly, you will need an official copy of the title for the property, which will be used to check if there are mortgages on the property or any other restrictions. Your conveyancer will then review the property or title deeds, check the identity of the clients, and prepare the transfer deed.
If there is a mortgage on the property, the mortgage lender will need to give their consent to proceed with the transfer; if they do not agree to the transfer you will need to repay the mortgage before you can go ahead with the transfer, either using a cash payment or a remortgage with another lender who agrees to the transfer.
If there are no mortgages on the property, the current and new owners of the property sign the transfer deed in front of a witness and the conveyancer registers the transfer deed at the Land Registry. If the value is above £40,000, a stamp duty certificate will be needed.
You can often use equity in your home as a deposit to buy a new house. You can use the equity to assist with your purchase and either take out a new loan for the remainder of the mortgage or port your existing mortgage.
It costs at least £40 to alter the register and change the title deeds.
There will be a fee of between £20 and £125, depending on the price bracket your property falls into, to the Land Registry to register the ownership change.
You can transfer a property to a family member as a gift, which means no money exchanges hands. This is often done to minimise the amount of inheritance tax payable after you’ve died.
Before gifting a property, it is worth getting specialist advice from an estate planning expert beforehand, as there are not just tax considerations to take into account, but also the risk that a family member could evict you from the property since you are no longer the legal owner.
If you want to gift your property to your children, any property you own that is worth over £325,000 is liable to inheritance tax, which starts at 40%, but if you have a partner, you can combine your assets so that it starts at £650,000. You will not be able to live in the property as though you were still the primary householder or benefit from it and will need to live for another seven years after gifting the property in order for your children to avoid paying any inheritance tax.
Alternatively, you can gift your property to your spouse or civil partner. The spouse gifting the property will not receive any money unlike a transfer of equity, but there will be no stamp duty or capital gains tax charged on the gift.
To transfer the property as a gift, you will need to complete a TR1 form and AP1 form and send these to the Land Registry. You will also need to complete an ID1 form if either side is not using a solicitor or conveyancer.
Whilst you can carry out a Transfer of Equity yourself, generally it is not advised as the process can be complicated, especially where divorce or separation are involved. You will need to ensure that the property is correctly registered at the Land Registry, as well as thinking about stamp duty and tax considerations.
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Posted 2 June 2026
Sally was excellent and dealt with my parents house sale efficiently and professionally and made the whole process smooth and stress free. Thank you so much and I will definitely recommend to others and would definitely use Rothera Bray again in the future.
Mark Crooks
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Posted 1 June 2026
We recently used Rothera Bray for the sale of our property and the purchase of our new home, and Laura provided excellent service throughout. Moving house can be stressful, particularly when dealing with a chain and unexpected issues, but Laura was consistently professional, responsive and reassuring. She kept us informed, explained everything clearly and helped ensure the process ran smoothly. Her attention to detail, clear communication and willingness to answer our questions made a real difference. Thank you, Laura, for all your hard work. We would happily recommend Rothera Bray to anyone seeking a reliable and professional conveyancing service.
Jonathan Smith
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Posted 1 June 2026
I recently sold my house using Ellie at Rothera Bray and couldn’t be happier with the service I received. From start to finish Ellie kept me fully informed, explained everything clearly and was always quick to update me on the progress. What really stood out was how proactive and reassuring she was throughout the process, especially when delays occurred further down the chain. Ellie made sure I understood what was happening at every stage which took away a lot of the usual stress involved in moving house. Her professionalism, communication, and attention to detail was excellent and I always felt relaxed and confident that everything was being handled properly. I would highly recommend Ellie to anyone buying or selling a property.
Lee Robinson
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Posted 1 June 2026
I had an outstanding experience with Ellie Robinson. She went out of her way at every stage and kept me updated continuously, even when there was no new information to share. Every part of the process was completed as quickly as possible and nothing was ever too much trouble. Ellie kept the other parties moving, provided clear and thorough legal advice, and presented all documentation in a way that was easy to understand. I could not recommend her highly enough.
Georgia Oxley-Smith
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Posted 29 May 2026
First class experience selling my house with Lucy and Karen. Super organised and extremely professional. I would highly recommend using Rothera's Conveyancing services.
Richard Watkins
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Posted 28 May 2026
Selling houses is always a daunting prospect, but my life was made much easier by the professionalism and efficiency of Laura Runcak and Lisa Rainbow. They communicated promptly at every step of the process, and I would definitely recommend their services. In fact, I will be using them again in the near future, as I have another house to sell. Both ladies are a credit to Rothera Bray. Many thanks from me and my Mum.
Debbie Tyler
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Posted 28 May 2026
We have recently used Sarrina and her team to carry out the conveyancing for the sale of a property. They have all been exceedingly helpful and made the whole process as straightforward as possible. Nothing has been too much trouble and they have dealt with any issue very quickly. Highly recommended!
Tom Ridgway
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Posted 27 May 2026
We as an organisation have used Rothera Bray on numerous other occasions when we have sold houses in our portfolio. Both Sarrina and Julekha are very easy to work with and have an abundance of knowledge in the legal conveyancing framework. We wouldn't hesitate to recommend them.
Matt
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Posted 22 May 2026
Sara has been very helpful during the whole process, both my mother and I would recommend her highly.
Alison Marlow
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Posted 21 May 2026
Both Ellie and Grace were very helpful and kept us up to date with the progress of our house purchase.
Christine
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Posted 18 May 2026
Since 2017 Carol Freeman and her assistant Gail Garner have dealt with the selling and buying of a number of properties for me for personal and bereavement reasons. They have been excellent and I can’t praise them enough. Thoroughly professional, reassuring and patient. I have complete trust in them.
Molly King
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Posted 17 May 2026
Julekha was a breath of fresh air as a conveyancing solicitor, she always had time for my many questions, was super efficient and constantly kept us up to date. Her time scale was excellent, although we could only go as fast as everyone else in the chain. Her Paralegal Sarrina Mills was also a real pleasure to deal with. Over all I would definitely recommend using them. Thank you
Lisa Loake
Tim Brooke
Partner
Tim Brooke is a solicitor and partner in our residential conveyancing department, based at our West Bridgford and Nottingham offices.
Emily Weston
Partner
Emily Weston is as a Partner in the Residential Conveyancing team and is based primarily at our Beeston office.
Michelle Young
Partner & Head of Conveyancing
Michelle Young is a residential property specialist and heads up the conveyancing team. She’s based at our Loughborough office.
Kiran Phagura
Managing Associate
Kiran Phagura is a Managing Associate based in our Leicester office. She specialises in all aspects of Residential Conveyancing.
Lucy Walsh
Managing Associate
Lucy Walsh is a Managing Associate in the Residential Conveyancing team and is based primarily at our Derby office.
Abbey Freeman
Senior Associate Solicitor
Abbey Freeman is a Senior Associate Solicitor in Rothera Bray’s Conveyancing team. She is based at our Loughborough office and is assisted by Luisa. She specialises in all aspects of Residential Property including New Build Purchases.
Carol Freeman
Senior Associate
Carol Freeman is a Chartered Legal Executive in Rothera Bray’s Residential Conveyancing department and is based at our Lace Market office.
Johanna Goddard
Senior Associate
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. She works out of our Nottingham city centre office, in the Lace Market.
Sade Love
Senior Associate Licensed Conveyancer
Sade Love is a Licensed Conveyancer in Rothera Bray’s Conveyancing department and is Conveyancing Team Leader at our Mapperley office.
Julekha Nathani
Senior Associate Solicitor
Julekha specializes in residential conveyancing and is based at our Market Harborough office. Having qualified in 2016 she has an extensive property knowledge dealing with a wide range of conveyancing matters.
Sally Simpson
Senior Associate
Sally is based at our West Bridgford office. She has 40 years experience specialising in all aspect of residential conveyancing.
Jo Clarke
Associate
Jo is an experienced Conveyancing Associate and is based at our West Bridgford office.
Sandy Kaur
Associate Solicitor
Sandy Kaur is an Associate Solicitor in Rothera Bray’s Conveyancing department and is based at our Beeston office.
Tina Rana
Associate Solicitor
Tina is an Associate Solicitor in our Residential Conveyancing department, based in Leicester.
She has extensive experience in dealing with all aspects of residential conveyancing including, leasehold and transfer of equities.
Fatima Altaf
Solicitor
Fatima Altaf is a Solicitor in the Residential Property department. She is based at our Leicester office.
Kerry Brown
Chartered Legal Executive
Kerry Brown is a residential property specialist at Rothera Bray’s Nottingham HQ.
Hayley Hart
Solicitor
Hayley Hart is a Solicitor in Rothera Bray’s Residential Conveyancing department and is based at our Mapperley branch office.
Jackie Murphy
Solicitor
Jackie Murphy is a Solicitor in Rothera Bray’s Residential Conveyancing team and is based at our West Bridgford office.
Sara Odedra
Chartered Legal Executive
Sara Odedra is a Chartered Legal Executive in our Residential Property department and is based at our Market Harborough office.
Kerry Redfern
Licensed Conveyancer
Kerry Redfern is a residential property specialist in our Mapperley office.
Suzanne Riozzi
Chartered Legal Executive
Suzanne Riozzi is a Chartered Legal Executive in Rothera Bray’s Residential Conveyancing department and is based at our Loughborough office.
Ellie Robinson
Solicitor
Ellie Robinson is a Solicitor in the residential conveyancing department at Rothera Bray and is based at our Derby office.
Laura Runcak
Solicitor
Laura Runcak is a Solicitor in the Conveyancing department at Rothera Bray Derby and Beeston.
Ruth Cooper
Managing Paralegal
Ruth Cooper is a Managing Paralegal in Rothera Bray’s Residential Conveyancing department and is based at our Loughborough office.
Michelle Chambers
Senior Paralegal
Michelle works in our Conveyancing department as a Senior Paralegal and is based at our Beeston office.
Priscilla Dohara
Senior Paralegal
Priscilla Dohara is a Senior Paralegal specialising in residential conveyancing, providing clients with efficient and reliable support throughout the property transaction process. Priscilla is based at our Loughborough office.
Nikola Dzierzak
Senior Paralegal
Nikola is a Senior Paralegal and works within our Conveyancing department at our West Bridgford office.
Gail Garner
Senior Paralegal
Gail is a Senior Paralegal in our Residential Conveyancing department and is based at our Lace Market office.
Schiennel Holness
Senior Paralegal
Schiennel Holness is a Senior Paralegal in Rothera Bray’s Conveyancing department and is based at our Mapperley office.
Theresa Mason
Senior Paralegal
Theresa is a Senior Paralegal in our Conveyancing department based at the West Bridgford office.
Grace Millward
Senior Paralegal
Grace Millward is a Senior Paralegal in Rothera Bray Residential Conveyancing department and is based at the Derby branch.
Luisa Palumbo
Senior Paralegal
Luisa Palumbo is a Senior Paralegal in Rothera Bray’s Conveyancing team and is based at our Loughborough office.
Shelby Richardson
Senior Paralegal
Shelby Richardson is a Senior Paralegal in Rothera Bray’s Conveyancing department and is based at our Mapperley branch.
Beccy Rodham
Senior Paralegal
Beccy Rodham is a Senior Paralegal in Rothera Bray’s Conveyancing department and is based at our Lace Market office.
Julian Ryan
Senior Paralegal
Julian Ryan is a Senior Paralegal in Rothera Bray’s Conveyancing team and is based at our Market Harborough office.
Lianne Green
Paralegal
Lianne is a Paralegal in the Conveyancing Team based at our West Bridgford branch.
Akeeta Lakhani
Paralegal
Akeeta is a Paralegal in our Residential Conveyancing team. She is based at our Leicester city centre office.
Lisa Rainbow
Paralegal
Lisa is a Paralegal in our Residential Conveyancing team. She is based at Mercury Place in Leicester.
Nirvair Kaur Singh
Paralegal
Nirvair is a Paralegal in our Conveyancing team based at our West Bridgford office.
Rhiannon Tyrrell
Paralegal
Rhiannon Tyrrell is a Paralegal in Rothera Bray’s Conveyancing team and is based at our Loughborough office.
Sally Cooper
Conveyancing Department Assistant
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.
Zenith Lee
Paralegal
Zenith is a Paralegal in our Conveyancing team based at our West Bridgford office.
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