A transfer of equity changes who owns a property without an open-market sale. A name is added, a name is removed, or the shares between existing owners are changed. Typical situations include adding a partner, removing an ex-partner after separation, or gifting a share to a family member.
This is general information for England and Wales, last reviewed on 30 August 2026. It is not legal, tax or mortgage advice. The solicitor on the file explains how the transfer is structured; a mortgage broker or lender deals with borrowing.
How we work. Ethical Conveyancing is an introducer, not a regulated law firm. Panel solicitors regulated by the SRA carry out the legal work. If there is a mortgage, lender consent — and often a remortgage or transfer of the existing loan — is usually part of the picture.
Many transfers sit alongside a change of lender or a change of borrowers. Get a remortgage quote if that is the path. For a transfer with no remortgage, contact us and we can point you to the right next step.
What a transfer of equity is
Ownership is changed at HM Land Registry, typically using a transfer deed (often form TR1). The property is not listed for sale. The people coming off, staying on, or coming onto the title all need to be identified, and any existing mortgage has to be dealt with.
It is different from:
- a sale to an unconnected buyer (that is a purchase/sale conveyancing job — purchase quote / sale quote);
- a remortgage alone, where the owners stay the same and only the lender or product changes.
The two often overlap: adding or removing an owner is frequently done at the same time as a remortgage.
Common situations
Adding a spouse or partner. One person is already on the title and wants the other recorded as a legal owner. Lender consent is typically needed if there is a mortgage. The incoming owner is often added to the mortgage as well.
Removing an owner after separation. One person is to come off the title (and usually the mortgage). The remaining owner often needs to be able to borrow in their own name. That is commonly a remortgage rather than a simple deed.
Gifting a share to a family member. A parent may want to add an adult child, or to move a share across for inheritance reasons. Gifts can have tax consequences beyond SDLT (including inheritance tax and, in some cases, capital gains tax). Those are questions for a tax adviser; the conveyancing solicitor deals with the title.
Changing the shares between existing owners. For example, moving from unequal shares to equal shares, sometimes with a payment between the parties.
None of these is “simple” or “complex” as a rule — it depends on the mortgage, the lease (if any), whether money or debt is involved, and whether everyone agrees.
Money, gifts and SDLT
Whether SDLT arises depends on the consideration, not on whether the property is being sold on the open market.
Two points that are easy to get wrong:
- The standard residential nil-rate from 1 April 2025 is £125,000, not the old £250,000 figure that applied until 31 March 2025. First-time buyer relief uses different thresholds. Full tables: Stamp Duty Rates 2026 (SDLT).
- Assuming an outstanding mortgage can be chargeable consideration even if no cash changes hands. GOV.UK’s SDLT overview lists transfer of a debt, including the value of any outstanding mortgage, as something that can count.
So “Stamp Duty: none if no money changes hands” is too absolute.
Higher rates can also apply if the person coming onto the title already owns another residential property.
The solicitor calculates any SDLT (or confirms none is due) and, where a return is needed, typically files it within 14 days of completion. HMRC’s calculator is the official estimator; it is not a substitute for the solicitor’s figure on that transfer.
Wales uses LTT and Scotland uses LBTT — not SDLT. See the SDLT guide for the nation split.
If there is a mortgage
Where the property is mortgaged, the lender has an interest in who owns it and who is liable for the loan. In practice that usually means:
- the lender is asked to consent to the change of ownership;
- an incoming owner is often underwritten as a borrower;
- an outgoing borrower may only come off if the remaining owner(s) can satisfy the lender on their own, which frequently means a new mortgage or a product transfer.
Transfers completed without lender consent can put the loan in default. That is why this work is usually coordinated with the lender or a broker, not treated as a paper exercise.
Get a remortgage quote for the legal work on a change of lender. Tell us if a transfer of equity is happening at the same time.
How the legal work typically runs
Timescales below are indicative, not a promise.
| Stage | What typically happens |
|---|---|
| Instruction | Parties and the solicitor are identified; ID and source-of-funds checks start |
| Title | Official copies are obtained; the current owners and any restrictions or charges are checked |
| Lender | Consent is sought, or a remortgage is instructed in parallel |
| Drafting | The transfer deed is prepared, including the consideration (if any) and how the new owners will hold the title |
| Signing | The deed is executed (typically witnessed) |
| Completion and registration | Any money is moved; the deed is sent to HM Land Registry; the register is updated |
Indicative ranges often quoted in the market: a straightforward gift with no mortgage can complete in around 4–8 weeks; with lender involvement 6–10 weeks is common; disputes, missing documents or tax complexity take longer. These are not Ethical completion targets.
Leasehold properties can add freeholder or managing-agent requirements (notice, deed of covenant, certificate of compliance). See leasehold conveyancing costs.
Costs — what is a quote and what is not
We do not publish a transfer-of-equity tariff on this page. If the transfer sits with a remortgage, legal fees start from £230. Sale and purchase legal fees start from £400. In either case there are no hidden extras on that legal fee; the figure for a given matter comes from the remortgage quote or from us directly if there is no remortgage.
Separately from our legal fee, typical third-party items include:
| Item | Notes (market / statutory, not our quote) |
|---|---|
| HM Land Registry fee | Gifts and many transfers that are not an open-market sale are often Scale 2. Electronic Scale 2 fees are modest (GOV.UK currently lists a range from £20 to £140 depending on value). Confirm on HM Land Registry registration fees. Statutory fees do not carry VAT. |
| SDLT | Only if there is chargeable consideration — which can include debt assumed. See the SDLT guide. |
| Official copies, bankruptcy searches, bank transfers | Usual conveyancing disbursements |
| Lender’s legal costs or valuation | If the lender instructs its own valuer or panel firm |
| Leasehold notices | If the lease requires notice of transfer or a deed of covenant |
Any “typical total” you see on comparison sites is a market average, not an Ethical figure.
Joint tenants and tenants in common (high level)
When more than one person will own the property, the transfer records how they own it. In outline:
- Joint tenants — the owners hold the whole together. On death, the survivor typically takes the legal title automatically.
- Tenants in common — each owner has a defined share, which need not be equal, and that share can pass under a will.
Which form is suitable is a legal question for the solicitor acting, sometimes with a will-writer or financial adviser in the background. This page does not recommend one over the other.
Things that commonly delay a transfer
| Issue | Why it matters |
|---|---|
| Lender not told until late | Consent and underwriting have their own timetable |
| Consideration left vague | SDLT and the transfer deed both need a clear figure, including any debt assumed |
| Informal family promises | Until it is on the register, it is not a completed transfer |
| Leasehold consents ignored | Some leases require notice or a deed of covenant before a transfer can be registered |
| One party not independently advised | Where interests conflict (for example on separation), separate representation is often needed |
Why people instruct through Ethical
Ethical Conveyancing is an introducer, not a regulated law firm. Panel solicitors do the legal work. What you get with us:
- Fixed legal fees — from £400 on a sale or purchase, from £230 on a remortgage. The legal fee we quote is the legal fee you pay. Disbursements (searches, Land Registry, and the like) sit on top.
- No Move, No Legal Fee — if the transaction does not complete, you do not pay our legal fee. Disbursements already incurred are still payable.
- A highly rated solicitor on our panel — not a call-centre file. Rated 4.9/5 or higher on review sites.
- A dedicated support manager and an online portal so you can track the file without chasing.
- A clear quote in under 60 seconds. We are not always the cheapest headline on a five-quote shop. We sell a fixed, itemised legal fee and a file you can actually follow.
Changing who is on the mortgage? Get a remortgage quote — legal fees from £230. Transfer only, no remortgage? Contact us or call 0330 043 9795.
Frequently asked questions
Do I need a solicitor for a transfer of equity?
The transfer has to be registered at HM Land Registry, and a mortgage lender will typically insist on a solicitor or licensed conveyancer. We introduce SRA-regulated solicitors. We are not a law firm.
Will I pay stamp duty if no cash changes hands?
Not automatically, and not never. SDLT depends on consideration. Taking on part or all of an outstanding mortgage can count. From 1 April 2025 the standard residential nil-rate is £125,000 (the old £250,000 figure has ended). The solicitor and HMRC’s calculator confirm the position. See our SDLT rates guide.
Can I add my partner without changing the mortgage?
Sometimes the existing lender will consent and add a borrower to the current loan; sometimes they want a new mortgage. That is the lender’s decision. A remortgage quote is the usual starting point if a new loan is likely.
How long does a transfer of equity take?
A gift with no mortgage is often a matter of weeks. Lender consent or a remortgage typically lengthens it. There is no single “normal” figure.
Joint tenants or tenants in common — which is right?
That depends on the people involved, any previous marriages or children, and how they want a share to pass on death. The solicitor explains the options on the file. This guide stays at headline level on purpose.
What if we are also selling and buying?
That is a different job: a sale, a purchase, or both. Use the sale, purchase or sale and purchase quote, and mention the transfer if it is happening as well.
Is this the same in Scotland?
No. Scotland has a different land-registration system and LBTT rather than SDLT. See Scotland conveyancing.
Changing who is on the mortgage? Get a remortgage quote.
Transfer only, no remortgage? Contact us or call 0330 043 9795.
Also useful: SDLT rates · the process · FAQs