Transfer of Equity is an English legal term for the process where the ownership of a share or interest in a property is transferred from one entity to another, a partial conveyance. A typical use of transfer of equity could be where it adds or removes one or more people from the legal title or ownership of a property, if for example a relationship has ended or someone wishes to gift property.
When is Transfer of Equity Required?
- Transfer of Equity can be required for several reasons:
- When a Trust is formed
- Transfer of property between family members
- Cohabitation arrangements have changed or ended (i.e. in the case of divorce)
- Court order
- Property is being gifted
The process for transfer or equity typically consists of:
- The property title will need to be obtained.
- Valuation of the property.
- Deed of Transfer signed.
- Remortgage completed, if necessary.
- Lender’s permission if there is an existing mortgage.
- Stamp Duty Land Tax Return – this is only required when the buy-out involves sums of money of more than £40,000.
- Register the change of ownership at HM Land Registry.
rhw can help with all of these stages and advise on any other residential property matters that you may require legal advice on.