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Property Conveyancing
Transfer of property ownership
Transfer property ownership or equity with confidence. Our expert legal advisers can help you understand your options, protect your interests and avoid unexpected tax or legal consequences.
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Understand your options when transferring property ownership or equity
What is a transfer of property ownership or equity?
Transferring property ownership or equity means changing who owns a property, or changing the proportion of the property owned by each person. This could involve adding someone to the title, removing someone from the title, or transferring a share of the property from one owner to another.
There are many reasons why you might want to transfer property ownership or equity. You may want to add a partner or family member to the property, transfer ownership as part of a divorce or separation, or change the way a property is owned for estate or tax planning purposes.
Whatever your circumstances, it’s important to understand the legal, financial and tax implications before making any changes.
"Tees Law boasts a team of solicitors with deep expertise in various legal fields. This multi-disciplinary approach allows the firm to provide comprehensive solutions tailored to client needs" Legal 500 2026
Transfer of property ownership – one step at a time
Our property lawyers will guide you through the process, explain what is involved and make sure the necessary legal documents are prepared correctly.
We’ll establish what you want to achieve, review the property title and any existing mortgage, and identify any issues that could affect the transfer. Where appropriate, we can also work with our Private Client and Financial Planning teams to ensure the wider implications are considered.
How does the process work?
Depending on your circumstances, our conveyancing solicitors will:
- Check the property’s title and establish who currently owns it
- Discuss the reason for the transfer and the ownership structure you want to achieve
- Prepare the necessary legal documents to transfer the property or change the ownership shares
- Liaise with your mortgage lender if there is an existing mortgage
- Deal with any required identity and anti-money laundering checks
- Advise on any Stamp Duty Land Tax (SDLT) implications
- Register the change of ownership with HM Land Registry
- Explain any other legal or financial considerations that may apply.
If you are transferring property as part of a divorce, separation, inheritance or estate planning, we can work with other specialists within Tees to provide joined-up advice.
Our expertise
You can get support with:
- adding or removing someone from a property title,
- transferring equity between co-owners,
- transfers between spouses or civil partners,
- transfers between family members,
- property transfers following divorce or separation,
- transferring property as part of estate planning,
- declarations of trust and changing beneficial ownership,
- property transfers where there is an existing mortgage,
- understanding potential SDLT, Capital Gains Tax and Inheritance Tax implications,
- reviewing your Will and wider financial arrangements following a property transfer.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning, and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
Our clients range from high-net-worth individuals with complex finances to those with more straightforward needs. We also specialise in the agricultural sector, having a sound understanding of the relationship between business and personal needs.
Whether you’re adding a partner to your property, removing an ex-partner after a separation, or restructuring ownership for tax reasons, a transfer of equity can be an important legal step. Our guide explains how the process works, the costs involved, and what you need to consider before proceeding.
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Transfer of property FAQs
Can I transfer ownership if there is a mortgage on the property?
Yes, but you will normally need to involve your mortgage lender. The lender may need to approve the transfer and may require the incoming owner to pass its affordability and lending checks. The mortgage may also need to be amended or replaced.
What happens to the mortgage?
If the property has an outstanding mortgage, changing the ownership may require your lender’s consent. The mortgage may need to be transferred into different names, refinanced or paid off as part of the transaction.
Your lender will have its own requirements, so it is important to establish these early in the process. We can liaise with your mortgage provider and advise on the legal aspects of the transfer.
Are there any tax implications?
Transferring property can have tax implications depending on the circumstances. For example, Stamp Duty Land Tax may be payable in some situations, while Capital Gains Tax or Inheritance Tax could also need to be considered depending on the reason for the transfer and the parties involved.
The tax treatment can be particularly important where property is being transferred between family members, between spouses or civil partners, or as part of wider estate planning.
Our legal and financial teams can help you understand the issues and, where appropriate, work with your tax advisers to ensure you have the right advice.
What else should I consider when transferring property ownership?
Changing the legal ownership of your property can have wider implications. You may need to review your Will, consider how the property will pass on your death, or think about how the new ownership arrangement could affect your finances in the future.
If you are transferring equity to a partner or family member, it is also important to consider what happens if circumstances change. Depending on how the property is owned, a declaration of trust or other legal agreement may be appropriate to record each person’s interests.
As a full-service law firm, Tees can bring together property, family, private client and financial planning expertise where you need it.
Can I transfer ownership of a property without a solicitor?
Although it is possible to apply to HM Land Registry yourself, property transfers can involve legal, tax and mortgage considerations. Using a conveyancing solicitor can help ensure the correct documents are prepared and that any legal or financial implications are considered.
How long does it take to transfer property ownership?
The timescale varies depending on the circumstances, whether a mortgage is involved and whether HM Land Registry requires any further information. A straightforward transfer can be relatively quick, but more complex cases may take longer.
Do I need to pay tax when transferring property to a family member?
Potentially. The tax implications depend on the circumstances of the transfer and can include SDLT, Capital Gains Tax or Inheritance Tax considerations. It is important to obtain appropriate legal and tax advice before transferring property to a family member.
Can I transfer ownership of a property as part of a divorce or separation?
Yes. Transferring ownership can form part of the financial arrangements following divorce or separation. The transfer may involve removing one person from the title and mortgage and transferring their interest to the other person. Independent legal advice may be appropriate depending on the circumstances.
What documents are needed to transfer property ownership?
The documents required depend on the circumstances. Your conveyancer will usually need details of the property and its registered owners, identification documents and information about any mortgage. Additional documents may be required for leasehold properties or transfers involving trusts or companies.
Do I need to tell HM Land Registry about a change in ownership?
Yes. A change in legal ownership needs to be registered with HM Land Registry. Your conveyancing solicitor will normally deal with the registration process on your behalf and ensure the appropriate documents are submitted.
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