Transfer of Equity Q&A

March 21, 2019

We participated in Solicitors Chat on Twitter answering questions about a Transfer of Equity and what this process involves and how we can help.

Our Chartered Legal Executive, Sara Robinson, was on hand to provide some much needed guidance.

1. What is a Transfer of Equity and when is it required?

This is where a persons name needs to be added or removed from the title deeds to the property. It is required when there is a change to the legal ownership of your property, and then an equity transfer will apply.

2. Talk us through the process of a Transfer of Equity.

Usually, the client will complete initial paperwork to specify which names need to be changed. They will require the consent of their bank and/or mortgage company to make a change.

A document called a Transfer Deed is drawn up once the title deeds have been obtained from the land registry. The Transfer Deed is sent to all parties to be signed and then sent to the Land Registry for the names to be amended. Once this has been completed the new title deeds will be issued.

3. How long does the process usually take?

The process usually takes around 2-3 weeks, but can be longer depending on whether there is a mortgage involved.

4. What key issues can arise during a Transfer of Equity?

Some key issues identified are (1) whether there is a mortgage (2)  whether there is consideration (money changing hands for the property details to change) (3) restrictions on the property (things that must be complied with before the transfer can take place)

5. How can a solicitor help home owners looking to change the co-ownership of their property?

As you can imagine, there are many legal issues to consider with equity transfers and releases and it is essential that you seek expert legal advice. Solicitors can help by talking through the process, drawing up a Transfer Deed and applying to the Land Registry on their behalf.

We can assist you if you require a Transfer of Equity. For more information about Transfers of Equity or Equity Releases, contact Tayntons in Gloucester on 0800 158 4147.