Conveyancing

Transfer of equity

Add a partner, remove an ex or gift a share of your home without selling it. One fixed fee, agreed in writing before anything starts.

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A transfer of equity changes who legally owns a property without selling it. Adding a partner, removing an ex-partner or gifting a share to a relative. Property Law Online, covering England and Wales, prepares the TR1 transfer deed, obtains your lender's consent where there is a mortgage, deals with Stamp Duty Land Tax (Land Transaction Tax in Wales) and registers the change at HM Land Registry.

Why instruct us

  • Fee agreed in writing before we start
  • Covering England and Wales

Who needs a transfer of equity?

A transfer of equity is the right route whenever the property is staying put and the people on the title are changing. The instrument is a TR1 (or TP1 for part of a title). If nobody is coming on or off, you only want to change from joint tenants to tenants in common, that is a severance, not a transfer.

Adding a spouse or partner
Putting a new partner on the deeds after moving in together or marrying, so the home is legally shared. How this works for spouses and partners.
Removing an ex-partner
Following separation or divorce, usually alongside a remortgage so the loan sits in one name only. What changes when the transfer follows a divorce or separation.
Gifting a share to family
Passing part of a property to a child or relative. Inheritance tax, capital gains tax and care-funding rules can apply, so we tell you when to take tax advice before anyone signs.
Buying someone out
Taking over a co-owner's share for a payment, where the price and the mortgage both need handling properly.
Adding a co-owner to raise a joint mortgage
A lender will usually want everyone on the mortgage to be on the title as well, so the transfer runs alongside the new loan.
Putting a home into joint names after buying alone
For example after a marriage or civil partnership where one person bought before the other moved in.

Which route applies to you?

Usually two questions decide how a transfer of equity runs and what your lender will need. Answer them and we tell you the route.

What is changing?
Is there a mortgage on the property?

Answer both and we tell you the route, no details needed.

What does a transfer of equity include?

One fixed fee covers the whole transfer from title check to registration. Where a matter needs something extra, a deed of trust, a simultaneous remortgage, it is quoted before you instruct, never afterwards.

  • Title and mortgage review

    We obtain the register, confirm how the property is currently held and identify any charge or restriction that must be dealt with.

  • Lender consent

    Where there is a mortgage, we apply for the lender's consent to the change or coordinate a simultaneous remortgage into the new names.

  • TR1 transfer deed

    Drafted, checked and explained in plain English before anyone signs. What the TR1 asks for, panel by panel.

  • Advice on ownership structure

    Joint tenants or tenants in common, and whether a deed of trust is needed to record unequal shares.

  • Land tax return

    Where consideration is given, we work out whether Stamp Duty Land Tax (or Land Transaction Tax in Wales) applies and file the return on time.

  • HM Land Registry registration

    The new ownership is registered and the official copy of the updated register sent to you when it arrives.

How does a transfer of equity work?

Five stages. The lender is the one that decides the timescale, so it starts on day one.

  1. Title and mortgage checked

    We obtain the register, confirm how the property is held and identify any restriction or charge that needs dealing with.

    Days 1 to 3

  2. Lender consent

    Where there is a mortgage, we apply for consent to the change of ownership, or coordinate a remortgage into the new names.

    Weeks 1 to 3

  3. TR1 and any deed of trust prepared

    The transfer deed is drafted, together with a deed of trust where shares are unequal.

    Week 2

  4. Signing and witnessing

    Signing can happen at home, but each signature must be witnessed by an independent adult who is physically present (HM Land Registry Practice Guide 8). We tell you exactly who can and cannot witness.

    Week 3

  5. Land tax return and registration

    Any land tax return is filed, the transfer is lodged at HM Land Registry, and you receive the updated register once registration completes.

    Weeks 3 to 6, then HM Land Registry processing

Do I need my lender's consent for a transfer of equity?

Yes, if there is a mortgage. A mortgaged property cannot change hands without the lender agreeing, and this is the step that decides how long the transfer takes. So we start it on day one.

Consent to transfer
The lender assesses whoever will remain on or join the mortgage and issues written consent. Each lender sets its own response time.
Release of the outgoing owner
Leaving the deeds does not release someone from the loan. The lender must formally release them, which normally means the remaining owner passing affordability alone.
Remortgage instead of consent
Where the current lender will not consent, or a better rate is available, the transfer runs alongside a remortgage into the new names and both complete on the same day.
No mortgage
With no charge on the title there is nothing to consent to, and the transfer can usually complete in two to four weeks.

Your lender may charge its own consent or administration fee. It is set by them, not by us, and we tell you the figure as soon as we have it.

What does a transfer of equity cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

Every transfer of equity is quoted as one fixed fee before you instruct us, in writing, with our fee shown separately from the amounts paid to others on your behalf. Tell us what is changing and whether there is a mortgage, and we reply by email.

Usually covered by the professional fee

  • Title and mortgage review
  • Lender consent application
  • TR1 transfer deed and advice on ownership structure
  • Land tax calculation and return
  • HM Land Registry application and registration

Paid to others, passed on at cost

  • HM Land Registry fee, set by the HM Land Registry fee order on the value or consideration
  • Your lender's own consent or administration fee, where it charges one
  • Stamp Duty Land Tax or Land Transaction Tax, where any is payable
  • A deed of trust recording unequal shares, quoted separately if you need one

What can add to it: a deed of trust, a simultaneous remortgage, or a restriction on the register that has to be removed first. Each is quoted before you instruct, never afterwards.

How long does a transfer of equity take?

Two to four weeks where there is no mortgage. Four to six weeks where lender consent or a simultaneous remortgage is involved. HM Land Registry then processes the application; the change takes effect from the date it was lodged, whenever registration completes.

What changes the timescale

  • Whether a mortgage lender has to consent to the change
  • Whether a remortgage is running alongside the transfer
  • How quickly everyone can sign in front of a witness
  • Any restriction on the register that must be removed or complied with
The stagesExample
  1. Title and mortgage checked
  2. Lender consent
  3. TR1 and any deed of trust preparedIn progress
  4. Signing and witnessing
  5. Land tax return and registration
An illustration of how a matter moves through these stages. We tell you when each one is done.

What goes wrong with a transfer of equity?

  • Unexpected land tax

    Taking on a share of the mortgage counts as consideration. If Mark takes on half of the outstanding mortgage, half of that balance is consideration. A return is due once that share reaches 40,000 pounds, even though no money changed hands, and tax may be due above the nil band (section 77A of the Finance Act 2003 and section 46 of the Welsh Act of 2017, checked 20 September 2026). We run the figure before anyone signs.

  • The wrong ownership structure

    Joint tenants have no shares at all: the survivor takes everything, whatever anyone paid in. Where deposits are unequal, tenants in common with a deed of trust is worth considering, and we explain both options. We record the one you choose.

  • Gifting without tax advice

    Gifting a share to a child can have inheritance tax, capital gains and care-funding consequences, especially if you carry on living there. We flag when advice is needed before the deed is drafted.

  • A co-owner who will not sign

    A TR1 needs every owner's signature. Where someone refuses, the route is an application to court, under the Trusts of Land and Appointment of Trustees Act 1996 or, on divorce, within the financial proceedings. That is court work we do not conduct; we tell you at the outset and refer you to a solicitor rather than letting the matter stall.

Joint tenants or tenants in common: which should we choose?

As joint tenants you own the whole property together with no defined shares, and on death the survivor takes everything automatically. A will cannot override it. As tenants in common each of you owns a defined share that passes under your will. The full comparison is in our guide, joint tenants or tenants in common: the choice that outlives you.

If you are contributing unequal amounts, tenants in common with a deed of trust recording your shares is worth considering, and we explain both options. You choose, and we record it on the transfer.

Joint tenantsTenants in common
SharesNone, you own the whole togetherDefined, 50/50, 70/30, whatever you agree
On deathSurvivor takes everything automaticallyYour share passes under your will
Usual forMarried couples with shared financesUnequal deposits, second families, friends buying together
On the registerNothing addedA restriction protects each share
Change laterCan be severed to tenants in commonCan become joint tenants by agreement

Is Stamp Duty or Land Transaction Tax payable on a transfer of equity?

Sometimes. In England, Stamp Duty Land Tax is charged on the consideration given, not on the property's value; in Wales the equivalent is Land Transaction Tax, collected by the Welsh Revenue Authority with its own bands. A pure gift with no mortgage usually gives rise to no tax. Where the incoming owner takes on a share of an existing mortgage, that share counts as consideration: a return is required once the consideration reaches 40,000 pounds even if no tax is due, and tax is due above the nil band. The 40,000 pound figure is the same in both countries; the filing deadline is not, at fourteen days in England and thirty in Wales (section 77A and section 76 of the Finance Act 2003, sections 44 and 46 of the Welsh Act of 2017, checked 20 September 2026).

If the incoming owner already owns another property, the higher rates for additional dwellings can apply unless an exception does. The spouse and civil partner rule is the common one, and it is an England only rule: a transfer between spouses or civil partners who are living together is taken out of the higher rates altogether whatever else the incoming spouse owns, provided nobody else has an interest in the property before or after (paragraph 9A of Schedule 4ZA to the Finance Act 2003, checked 20 September 2026). Wales has nothing of the kind, so a Welsh transfer escapes the higher rates only if the home is the incoming owner's own only or main residence immediately before and immediately after. Transfers made under a court order, or an agreement made in contemplation of or otherwise in connection with divorce or dissolution, are exempt in both countries, and an exempt transaction is not notifiable at all (paragraph 3 of Schedule 3 to the Finance Act 2003 for spouses and, for civil partners, the paragraph 3A of that Schedule inserted by the Tax and Civil Partnership Regulations 2005, checked 26 September 2026; paragraph 3 of Schedule 3 to the Welsh Act of 2017). Transfers between unmarried partners are not. Our Stamp Duty calculator covers the bands.

When is a transfer of equity not enough?

A transfer changes the legal owners. It does not, on its own, release anyone from the mortgage, change who is liable to the lender, or protect an unequal contribution. Where those matter, the transfer runs alongside a remortgage, a formal release from the lender, or a deed of trust. And we tell you which at the outset. If you are separating, removing a name after divorce explains how the transfer fits with the financial settlement.

Frequently asked questions

Can I do a transfer of equity myself?

You can complete a TR1 and lodge it yourself where there is no mortgage. With a mortgage, the lender will normally insist on a legal representative, and any mistake on the deed or the land tax return is yours to unpick. The lender's requirements and the land tax return are where the risk sits, rather than the form itself.

What documents do I need for a transfer of equity?

Photo ID and proof of address for everyone coming on or off the title, the property address or title number, your mortgage lender and account number if there is a loan, and details of any money or mortgage share changing hands. We send a short checklist once you instruct us.

Does my lender need a valuation for a transfer of equity?

Usually not for a straightforward consent, but some lenders do value the property before releasing an outgoing borrower or approving a remortgage into new names (each lender sets its own rule in part 2 of its UK Finance handbook entry). We find out from your lender at the start so it does not delay completion.

Transfer of equity or deed of trust, which do I need?

A transfer changes who is on the title. A deed of trust records how the owners share the property between themselves. If the names on the title are right but the shares are not, you need a deed of trust, not a transfer; if the names must change, you need a transfer, often with a deed of trust alongside it.

Can I remove my ex-partner if they will not co-operate?

Not by transfer alone, a TR1 needs their signature. Where they refuse, the route is an application to court under the Trusts of Land and Appointment of Trustees Act 1996, or an order within divorce or dissolution proceedings. We explain which applies and what it involves, and refer you to a family or litigation solicitor to make the application.

Can I gift a share of my home to my children?

Yes, but take tax advice first. A gift can have inheritance tax, capital gains and care-funding consequences, particularly if you continue living there, and a lender must consent if there is a mortgage.

Do we each need separate legal advice?

Usually not where your interests align, a couple adding one name, for example. Where they conflict, such as a contested separation or a buy-out, the person giving up a share should take independent advice, and some lenders require it.

Why are you changing who owns the property?

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Written by the Property Law Online team

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