What You Need to Know about Equity Transfers
When it comes to properties, a change of ownership can be made without making a sale. It can be for various reasons, but transfer ownership is becoming more common. You may choose to co-own your property with your spouse or give your adult children a part
15 September 2021
Whatever your reason, you'll need to complete a transfer of equity. That said, here’s everything you should know about the equity transfer process:
Transfer of Equity Defined
Transferring equity involves adding or removing people from a property's title deeds. Unlike a sale, at least one of the original owners will remain. No property sale is necessary, but the new list of property owners must be authorised.
Reasons for a Transfer of Equity
- Divorce or Separation
One of the most prevalent reasons for transferring equity is a broken marriage or long-term, live-in partnership. Whether you've separated or divorced, you'll need to split your assets, starting with conjugal or joint properties.
- Remarriage or New Long-Term Relationships
You may have purchased the property on your own while you were single before entering a new relationship. You may later want to include your partner in the Deed of Title.
- Buying Out a Co-owner's Equity Shares
People are increasingly pooling their resources to buy a property with friends or relatives. This is a sensible method to get on the property ladder, but you may want to buy them out later for whatever purpose.
- Reducing Tax Liability
Transferring equity to children or other family members might reduce your tax obligation. The property can be regarded as a gift, lowering the taxes due.
Transferring equity may be an easy process if all parties are in agreement on the final outcome. However, it is critical to examine each transaction on its own merits since the situation can get more complicated when mortgages or conflicts are involved.
The Equity Transfer Process
Once you've decided to transfer equity, your lawyer will help with the process. If you are transferring equity as part of your divorce or separation, each party should have their lawyer.
The essential steps are the same regardless of the number of parties and involve the following items:
- Copy of the Title Deeds
Conveyancing solicitors will first get an official copy of the property's title. Your lawyer will look for a mortgage or other property limitations and verify each party's identity.
- Preparation of Transfer Forms
Once the procedure starts, your lawyer will prepare the transfer deed for signing.
- Notify Third Parties Regarding the Transfer
Any third party engaged in the property, such as a mortgage lender, bank or building society, must give written approval. The lender must be a party to the transfer deed if the property is subject to a mortgage.
- Execute the Deed
After your lawyer has prepared the documentation, you and an independent witness must meet to sign the deed.
- Immediately Inform the Land Registry
Finally, the Land Registry must be notified of the deed transfer. A cost of about £50 to almost £1000 is charged for this service, depending on the property's worth.
A basic equity transfer might take 4 to 6 weeks to execute. However, each transaction is unique, and the time it takes to complete varies. If the home has a mortgage, the transfer will take longer as you must obtain formal approval from all lenders.
Similarly, if the transfer is necessary as part of a broader legal issue, like a divorce yet to be settled in court, the transfer may be delayed until all objections are settled. Once all parties sign the Deed of Transfer, the equity transfer is complete!
Conveyancing Expert can help you transfer equity ownership of your property at an affordable fee. We offer trusted conveyancing services with our team of legal experts that deliver excellent and efficient service to ensure your property transaction is completed with expert legal advice and assistance. Get a free and no-obligation quote today. Contact us now!