What are the steps to transfer equity?
1. Apply for a remortgage
First, you’ll have to apply for a remortgage, or new mortgage. Because the property’s ownership is changing, affecting its equity, your mortgage provider will need to account for this. If you’re adding someone to the property’s title, then the mortgage lender will need to carry out checks as the new person(s) will become equally liable for the mortgage and repayments.
Speak to your mortgage lender or financial adviser about your options.
2. Instruct a conveyancer
Because at least one party will remain in ownership, a transfer of title deeds is usually a much simpler process than a standard property sale or purchase. Nonetheless, you’ll still need to instruct a conveyancer to guide you through the process and help take you through the legal process. Get a personalised conveyancing quote for your transfer of equity.
You’ll need to provide official copies of the property’s title to your conveyancer, along with all contractual documents regarding any mortgages. Your conveyancer will then:
Verify ID
Check source of funds
Complete all legal work, including checking the TR1 form has been filled in correctly
Communicate updates to your mortgage provider
Communicate updates to the property’s freeholder
If someone will be joining your title, both parties can be represented together. However, if someone is to leave, the parties will need to have separate legal representation.
3. Completion
Finally, your conveyancer will send the mortgage deed for you to sign and then facilitate the transfer of any funds between parties. Outgoing parties will need to complete and sign an ID1 form, in the presence of their conveyancer.
Once completed, your conveyancer will calculate any stamp duty liable to HMRC and facilitate payment of it. They’ll also ensure details of the new ownership are logged with the land registry.
What happens if you don’t have a mortgage on the property?
If there isn’t a mortgage, things are more straightforward. All parties just need to sign the transfer deed (TR1 form) and file it with the land registry. This needs to be accompanied by the land registry’s AP1 form, and if the value of the transaction amounts to more than £40,000, then a stamp duty land tax certificate may also be required.