A transfer of equity is the legal process of changing the ownership structure of a property. This involves adding or removing someone from the property deed. It’s distinct from a sale because at least one original owner remains on the title. Equity refers to the ownership stake in the property. Common reasons for a transfer of equity include adding a partner to a deed when buying a house together, removing an ex-spouse after a divorce, or gifting ownership to a child.
Whilst these can seem straightforward, each case depends on the individual circumstances and we have to determine the exact situation in order to ensure that all the parties are protected.
There are various reasons why you may wish to transfer property but the most common are:
- Divorce / separation
- Death of the Owner
- Transferring Ownership between Spouses
- Adding a Spouse after marriage
- Gifting the property to a child
Stamp Duty Land Tax is often applicable in a Transfer of Equity if a person is coming onto the title and it is determined by how much Consideration is being paid for the Transfer and the current mortgage amount (if applicable). There could also be a higher rate of tax if the person going onto the title already owns property. Therefore it is important to use Solicitors who are experienced and knowledgeable in this area.
It is important to bear in mind that there may be Capital Gains Tax and Inheritance Tax implications in a Transfer of Equity transaction.
Our private client team are one of the few specialist solicitors in the UK for Equity Release. Equity Release is a form of borrowing that allows a home owner to release the wealth they have that is tied up in their house without having to sell that house and live somewhere else.
