Transferring the Equity in Your Home

11 August, 2026 3 minutes reading time

Life can change quite unexpectedly. Getting married, separating, buying out a co-owner, or passing property to family often means changing who legally owns your home.

You don’t have to sell your property to make these updates. Instead, there’s a simple legal process called a Transfer of Equity that allows you to update the property deeds without giving up your home intact. Clients often ask us about this, so here is a brief overview of how the process works, when to use it, and what to remember.

What Is a Transfer of Equity?

Equity refers to the portion of your home that you fully own after paying off any remaining mortgage. When you do a Transfer of Equity, you’re adding or removing a person from the official register at HM Land Registry. At least one original owner should always stay listed on the property deeds during this process.

Three Common Reasons to Update Your Deeds

1. Marriage or Living Together: You own a house in your sole name and want to add your partner as a joint owner.

2. Separation or Divorce: One partner buys out the other’s share to hold sole ownership.

3. Estate Planning or Gifting: You transfer a portion of your property to a child or relative.

Three Steps to Updating Your Deeds

Transferring equity follows a straightforward legal path:

1. Checking the Title and Terms: The first step for your lawyers is to review your Land Registry documents and confirm any mortgage details. All parties then agree on the financial terms, such as buyout figures or cash transfers.

2. Securing Lender Consent: If you have an active mortgage, your lender must approve the change. They check the income of anyone remaining or coming onto the title to ensure monthly payments remain affordable.

3. Signing and Finalising: Everyone signs the legal Transfer Deed. Your solicitor then handles the money transfer, settles any tax due, and registers the updated title with HM Land Registry.

Key Financials

When transferring equity, Stamp Duty Land Tax (SDLT) might apply. For example, if you are buying out a joint owner’s share of the property. This will depend on your individual circumstances. Calculating your tax position early prevents unexpected bills down the line.

How Long Does It Take?

Without a mortgage, the transfer usually completes quickly. With a mortgage, the process still moves faster than a full sale or purchase, though timelines depend on your bank’s response times. Leasehold properties or arrangements requiring a declaration of trust may take a little longer.

Our Advice

A Transfer of Equity involves important legal steps, so seeking professional advice before you begin is essential. We have helped clients transfer equity for a wide range of reasons, including gifting property, inheritance planning, and relationship breakdowns.

Please don’t hesitate to contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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