Transfer of Equity
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What is a Transfer of Equity?
A transfer of equity involves changing the legal ownership of a property. The reasons for doing this are adding a partner to the property deed, removing an ex-partner following a separation, or transferring property to a family member. It differs from a sale because at least one original owner remains the same.
Key Steps in the Transfer of Equity Process
Legal Advice:
We advise all parties to seek independent legal advice to fully understand the implications, especially regarding tax and future financial responsibilities.
Mortgage Lender's Consent:
Lender approval is necessary if the property has a mortgage. This might involve meeting their lending criteria anew.
Valuation:
A professional valuation may be required, especially if the transfer involves a buyout or the property is mortgaged.
In some cases, SDLT may be payable if the transfer involves a significant sum of money changing hands or an existing mortgage.
Land Registry: The change in ownership must be registered with the Land Registry, involving a fee depending on the property value.
Find out more about our legal fees.
Mortgage fees:
If changing the mortgage, there may be fees for early repayment, application, and valuation. Please get in touch with us if you need advice from a mortgage broker or financial advisor.
Depending on the transfer's value and circumstances, SDLT may be payable.
Land Registry fees:
There is a charge for updating the property register, which varies by property value.
Conclusion
Transferring equity in a property is a significant legal process with various financial and legal implications. It is crucial to seek professional advice to navigate the complexities involved. Ensuring the transfer is conducted correctly and follows the law, protecting the interests of all parties involved.
Legal Considerations
Joint Tenants vs. Tenants in Common:
The nature of the shared ownership affects rights to the property upon an owner's death and can have significant legal and tax implications. Who will inherit the deceased share of the property?
Financial Assessments:
Lenders will reassess the affordability of the mortgage that remains, or a new one once applied for, affecting the transfer's feasibility.
Consent:
All parties, including mortgage lenders and, in some cases, beneficiaries of trusts, with a financial interest in the property, must consent to the transfer.
Declarations of Trust:
If the equity transfer results in unequal shares of ownership, a Declaration of Trust may be necessary to document each party's financial interest and obligations legally. Watch our videos for more information.
Costs and Fees
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