Transfer of Equity in the East Midlands

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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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On this page:

What is a Transfer of Equity?

What is equity?

What is the process for transferring equity?

How long does a transfer of equity take?

How much does a transfer of equity cost?

Why use Rothera Bray for transfer of equity?

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.

Contact our Conveyancing Team

03456 462 125

enquiries@rotherabray.co.uk

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Michelle Young, Partner and Head of Residential Property at Rothera Bray Solicitors

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

Michelle Young
Head of Conveyancing

FAQs

Do both parties need a solicitor for Transfer of Equity?

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.

Do you pay stamp duty on Transfer of Equity?

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.

What is required for Transfer of Equity?

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.

Can I use equity as a deposit for moving house?

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.

How much does it cost to change title deeds?

It costs at least £40 to alter the register and change the title deeds.

How much does it cost to transfer property 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.

Can you transfer a house to a family member?

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.

How do I gift my property?

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.

Can I do Transfer of Equity myself?

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 8 May 2026

Our experience of working with Kerry and Beccy has been nothing but positive. They have made what can be a very stressful experience much less stressful. The communication between us has been great, they have been prompt in responding to my emails but also with the other solicitors involved in our house sale and purchase. They have been attentive and thorough, we felt confident in their ability and service from the very beginning. I would recommend Rothera Bray to friends and family. This is the third time I have used this firm and they would be my first choice should I need a solicitor in the future.

Aimee Crawford

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Posted 8 May 2026

Ellie guided us with our help to buy payment from start to finish. She was very polite, friendly and even had to chase me up on stuff which I really appreciated as it can usually be the other way round. She continuously kept us in the loop and even let us know when she was going to be on annual leave in case we couldn’t reach her at any point. Help to buy are notorious for their lack of communication and Ellie smoothed this out for us and made this so much easier. Grace was also fantastic at taking over our account when Ellie was on annual leave and she also kept us in the loop of the proceedings. Thank you both!

Coral

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Posted 7 May 2026

I had an excellent experience working with Jo and the team at Rothera Bray throughout my first home purchase. From the very beginning, they were professional, knowledgeable, and supportive. They explained every step of the process clearly, which was especially helpful as a first-time buyer. The team was prompt in responding to my questions and kept me updated regularly, ensuring I felt informed and reassured. They handled the legal paperwork efficiently and smoothly, making what could have been a stressful process much more manageable. Overall, I highly recommend Rothera Bray Solicitors to anyone looking for reliable and friendly legal support when purchasing a home. Their expertise and dedication made my first home purchase a positive experience.

First Time Buyer

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Posted 6 May 2026

Joanne handled my conveyancing case with great professionalism and patience. The volume of emails coming from the estate agent in the south was overwhelming, and the process became far more stressful than it should have been. Despite this, Joanne and Nirvair managed every stage as effectively as possible and were consistently on top of everything. I truly appreciated their dedication and professionalism throughout. I would only choose Joanne to act for me in any future conveyancing matters, and I’m confident I’ll be using her services again.

Wing

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Posted 30 April 2026

Great support, always keeping us in the picture. A first rate service at a very competitive price. I would not hesitate to recommend Rothera Bray conveyancing services.

Simon Wilton

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Posted 27 April 2026

I cannot recommend Rothera Bray highly enough, specifically Laura and Lisa, who handled my recent property purchase. From start to finish, their communication was exceptional. They were consistently responsive and maintained a level of momentum that allowed the entire process to move quickly and efficiently. What I appreciated most was their pragmatism and flexibility - they were very accommodating. A highly professional and stress-free conveyancing experience.

Jason S

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Posted 25 April 2026

I had a very positive experience with the conveyancing service, particularly working with Sara Odedra. Communication was consistently clear, and Sara provided straightforward guidance on what needed to be done at each stage of the process. Everything was handled efficiently and in a timely manner, which made the experience much less stressful. Sara was always responsive and easy to reach whenever I had questions or needed clarification...Overall, I would highly recommend Sara and her team’s services and would happily use them again in the future.

N A

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Posted 24 April 2026

We chose Rothera Bray solicitors to deal with the sale of our late father’s bungalow because our parents had always dealt with them in the past. Thank goodness we did! Lucy and Karen were excellent throughout. They were compassionate and understanding and kept us updated at all times. They were also easy to reach and most helpful if we had any queries. We would highly recommend Rothera Bray and will definitely use them in the future should the need arise.

Lynne

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Posted 20 April 2026

I am so glad that I chose Rothera Bray Derby as my conveyancing solicitor, they were very professional, informative and efficient from start to finish with a special mention to Lucy and Karen (Derby branch) who were always more than happy and responsive to help with any issues or queries during the process. I can absolutely recommend Rothera Bray and would 100% use them again in the future!!

Claire

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Posted 16 April 2026

My wife and I would truly like to thank you for your assistance in moving house. We appreciate how responsive you were throughout the process and your support during the stressful exchange and completion process. We could not have moved without you.

S Cox

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Posted 16 April 2026

We had an excellent experience with our solicitors, Michelle and Ruth, and couldn’t be happier with the service they provided throughout the purchase of our first home. From start to finish, the entire process was handled with professionalism, efficiency, and care. Completing in just 10 weeks was impressive, and it’s a testament to how proactive and organised they were. Michelle and Ruth consistently kept us updated at every stage, which gave us real peace of mind, especially as first-time buyers. No question ever felt too small , they were always approachable, responsive, and happy to explain things clearly, helping us feel confident in every decision we made...We’re incredibly grateful for your support and would highly recommend your services to anyone looking for a reliable and professional team.

Laura McDade

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Posted 15 April 2026

Excellent service from start to finish. Abbey and Luisa were knowledgeable, approachable, and always quick to respond. Their support made everything much smoother and less stressful. We’re very grateful for their help and highly recommend them.

Lu Ying

Tim Brooke

Partner

Tim Brooke is a solicitor and partner in our residential conveyancing department, based at our West Bridgford and Nottingham offices.

Transfer of Equity

Transfer of Equity solicitors in the East Midlands

What is a Transfer of Equity?

What is equity?

What’s the process for transferring equity?

If there is no mortgage

If there is a mortgage

How long does a Transfer of Equity take?

How much does a Transfer of Equity cost?

Why use Rothera Bray for Transfer of Equity?

Send us a message

FAQs

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