Transfer of Equity

A transfer of equity means transferring land between parties. Example 1 – Mr Brown purchased a property and decided to transfer half or a share of that property to Miss Smith. Example 2 – Mr Brown and Miss Smith purchased a property together and they have agreed for Miss Smith to purchase Mr Brown’s share thus making her the sole owner.

We are able to prepare the appropriate documentation in arranging for a transfer to occur, including preparing a deed of trust, which would show the shares that have been transferred and what would happen if any arrangement set out in the first example failed between the parties. We will also consider at that point as to whether it would be necessary for one of the parties to seek separate legal representation.

On completion of the transfer, we will arrange for the transfer document to be registered at the Land Registry and provide you with a copy of the completed Land Registry document.

There can be numerous issues surrounding a transfer of equity and we would advise you accordingly at the appropriate time, including Stamp Duty Land Tax implications. If there is an existing mortgage, the mortgage provider would have to provide their consent and in some instances the parties might consider it beneficial to obtain a new mortgage.

The above is, of course, merely an example; there can be various scenarios and we are happy to discuss each individual case personally.