Do you need a solicitor for a transfer of equity?
James Olson
Updated on March 10, 2026
Do I need a solicitor to transfer equity? Whilst you can complete the process yourself, you will need a transfer of equity solicitor, or transfer of title solicitor, for some parts of the transaction. Party A is adding on Party B – one solicitor can act for both parties in updating the legal title and mortgage.
How do you transfer property equity?
Transfer Of Equity Process
- Add your spouse to your property’s deed if you have married or remarried.
- Remove your ex-partner from the deed if you have divorced.
- Change the percentage shares owned by the co-owners of a jointly owned property or buy out a co-owner’s share in the property.
Can you do a transfer of equity yourself?
While it is possible to complete a transfer of equity yourself, I strongly recommend appointing a solicitor to assist, as there are a number of issues to be aware of. Once the transfer deed has been signed, your solicitor will be able to register this at the Land Registry to complete the transfer of ownership.
Is capital gains tax due on transfer of equity?
The tax implications of an equity transfer depend on the nature of the transfer. Currently no CGT is charged on transfers to a spouse, civil partner or charity. On a transfer to anyone else, including children, then the transfer itself may trigger CGT or there could be tax consequences for the future.
How long does it take for transfer of property?
On average, the process takes around three months from the date of sale until the property is registered in the new owner’s name. However, certain external aspects can delay the process such as waiting for a stipulated condition in the contract to be fulfilled or obtaining a rates clearance certificate.
What is transfer equity fee?
If you have a mortgage on your property, you may have to pay your mortgage lender extra charges. Often, lenders will charge you a ‘change of parties’ fee. This happens at the end of a transfer of equity. It covers the lender’s administrative costs of adding or removing someone from a mortgage.
How long does it take for transfer of equity?
A simple transfer of equity can take around 4-6 weeks to complete. However, each transaction is different, and the time taken to complete the transfer can vary greatly. If there is a mortgage on the property, the transfer will take longer as you will have to wait to receive written consent from any lenders involved.
Can you transfer a property with a mortgage?
While it is perfectly possible to transfer ownership of a property with a mortgage, the mortgage will either need to be paid off or the new owner will need to pass the lender’s eligibility checks.
Do I pay tax on transfer of equity?
The tax implications of an equity transfer depend on the nature of the transfer. There’s currently no capital gains tax charged on transfers to your spouse, civil partner or a charity. Anyone else, including children, and the property is subject to the capital gains tax (CGT).
How do I transfer property without paying capital gains?
Another way of gifting property without paying capital gains tax is to pass your main home to one of your children. This means you can get what’s known as private residence relief. To do this, the house has to be your main residence for the entire time you owned it.
How to transfer the equity of a property?
You might arrange a transfer of equity to: Add your spouse to your property’s deed if you have married or remarried. Remove your ex-partner from the deed if you have divorced. Change the percentage shares owned by the co-owners of a jointly owned property or buy out a co-owner’s share in the property.
Is it possible to use equity in commercial property?
It is possible for you to utilise the equity in Commercial property … but it is a bit more difficult and complex than with residential property. Banks are more risk-averse to Commercial property funding than they are to the residential market.
What does the conveyancing solicitor do on a transfer of equity?
What does the conveyancing solicitor do on a transfer of equity? A Transfer of Equity occurs when an existing owner of a property either adds or removes one or more people to the title (ownership) of the property. This can occur for a number of reasons such as when a couple gets married or separates.
Can a property be transferred to a sole proprietor?
Where a property is owned by two or more people as tenants in common and there is a transfer of equity which leaves one remaining owner, and no money is paid by the remaining owner to the outgoing owners, the form A restriction (which prevents a transfer by a sole proprietor from being registered) will need to be removed.