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Transfer of equity: adding or removing a name on the deeds

What a transfer of equity is, how to add or remove an owner, when stamp duty and capital gains tax apply, and what to do about the mortgage and Land…

5 min read
Last reviewed 16 October 2026
By Your Property Check team

Part 1 of 6

What a transfer of equity is

A transfer of equity changes the legal ownership of a property when at least one of the existing owners stays on the title. It is the usual route for adding a partner to the deeds, taking an ex-partner off, or moving a property from joint names into one person's name.

The term "equity" here refers to the owner's stake in the property. It is separate from the mortgage, and that is the source of most problems. Being on the deeds and being named on the mortgage are different questions, and the lender decides the second.

GOV.UK describes changing from sole ownership to joint ownership as "transferring ownership", and says you must choose between joint tenants and tenants in common when you do it. Our guide to tenants in common vs joint tenants explains the choice.

Part 2 of 6

The main steps

Agree the terms. Who is taking on what, and whether any money changes hands. If you are separating, GOV.UK says that if you and your ex-partner agree how to divide money and property you need a consent order to make it legally binding.
Tell the lender if there is a mortgage. HM Land Registry's blog on the family home says you would need to involve the lender, and that lenders will usually insist you use a solicitor to complete the changes. The lender decides whether it will accept the remaining owner on the mortgage alone.
Instruct a conveyancer. They prepare the transfer and check the title.
Sign the transfer. GOV.UK says to use form TR1 to transfer the whole of the property in one or more registered titles. A conveyancer normally uses it for a transfer of equity, because the register is changed by transferring the whole title to the person or people who will hold it afterwards.
Pay any stamp duty and send the return to HMRC if one is needed.
Register the change with HM Land Registry, with the correct fee. The Land Registry's fees guide says the fee depends on the value and gives a fee calculator, so use that rather than a figure from a website. For transfers by way of gift and of a share in a property, the fees guide says it accepts a signed statement of value.

We do not state how long this takes because no official source gives a timescale. It depends on the lender, the conveyancer and the Land Registry.

Part 3 of 6

Stamp duty

GOV.UK's guidance says you may pay Stamp Duty Land Tax when all or part of an interest in land is transferred to you and you give anything of monetary value in exchange. That is called the chargeable consideration. The key points:

A mortgage counts. If the person taking over the property takes on the other owner's share of the outstanding mortgage, that share is chargeable consideration, together with any cash paid for their share of the equity.
A gift with no mortgage does not normally attract stamp duty.
Divorce or dissolution. GOV.UK says you do not pay Stamp Duty Land Tax if you transfer an interest to your partner as part of an agreement or court order because you are divorcing or dissolving a civil partnership. It also applies if you annul the marriage or legally separate. There is no need to tell HMRC in these cases.
Unmarried couples and other joint owners. If one takes a larger share or all of the other's share and pays cash or other chargeable consideration, a return is needed, and tax is due if the amount is over the current threshold.
Marriage or moving in together. GOV.UK says you might pay Stamp Duty Land Tax when you transfer a share to a spouse or partner if the chargeable consideration is above the threshold, even when no money changes hands, for example because the partner takes on part of the mortgage.

GOV.UK's worked examples were written in 2022 and use thresholds from that time, so we do not repeat them. Use our stamp duty calculator for current England rates, and check HMRC if the property is in Wales (Land Transaction Tax) or Scotland (Land and Buildings Transaction Tax), which GOV.UK says replace Stamp Duty Land Tax there.

Part 4 of 6

Capital gains tax

HMRC's helpsheet HS281 says that if you and your spouse or civil partner are living together, a transfer of an asset between you is treated as giving neither a gain nor a loss. If you have separated, you can transfer assets at no gain or loss up to the earlier of the end of the third tax year after the year you stopped living together, or the date of the divorce. Transfers under a formal divorce or separation agreement or court order are at no gain or loss without a time limit.

Private Residence Relief can apply to your only or main home. HS281 says that if you move out, relief covers the time before you moved out and the final nine months of ownership, subject to conditions.

HS281 does not cover unmarried co-owners. They should read GOV.UK's guide to tax when you sell your home and speak to a tax adviser. Our CGT calculator gives an indicative figure.

Part 5 of 6

Divorce and separation

A transfer of equity often follows a financial settlement. The HM Land Registry blog notes that HM Land Registry does not value the property, it records the legal title. GOV.UK's guide to money and property when you divorce or separate says you can usually avoid court hearings if you agree how to split things, and covers mediation and applying to the court if you cannot agree. If the outcome is that the home is sold rather than transferred, our page on selling during a divorce explains that route.

Part 6 of 6

Questions to ask before you start

Will the lender agree to the new arrangement, and in writing?
Do we need a consent order or a deed of trust to record who owns what?
Is stamp duty or capital gains tax likely, and has someone calculated it?
Who pays the conveyancer and the Land Registry fee?
If it goes wrong later, how would the property be sold?

Speak to a conveyancing solicitor before you sign anything. Your equity position matters too: our equity tool helps you see what is left after the mortgage.

Our take

Sort the mortgage and tax before the deeds

Our view: the deeds are the easy part. A lender must agree, and stamp duty can apply if the person taking over takes on part of the mortgage, so check both before anyone signs a TR1. The common mistake is assuming there is no tax or lender consequence without checking.

What Your Property Check adds: our stamp duty calculator covers SDLT, LBTT and LTT, including first-time buyer and additional property rates, and our free house valuation gives a range from real Land Registry sold prices, with the comparable sales shown, as a sourced starting point for the value.

Check my value

Our opinion, drawn from the facts on this page: not advice and not a forecast. We earn from OfferCheck reports and from introducing sellers to cash buyers, so weigh it with that in mind (see our disclosure). We are not authorised or regulated by the FCA.

Questions, answered

Frequently asked questions

What is a transfer of equity?

It is a change in who legally owns a property, by adding or removing a name on the deeds while at least one owner stays. It is registered with HM Land Registry, and any mortgage lender has to be involved.

Do you pay stamp duty on a transfer of equity?

It depends. GOV.UK says tax can be due if you give anything of monetary value in exchange, which includes taking on a share of the mortgage. A transfer made under a divorce agreement or court order does not attract Stamp Duty Land Tax.

Does the lender have to agree?

If there is a mortgage, yes. HM Land Registry's blog says you would need to involve the lender and that lenders usually insist you use a solicitor to complete the changes. The lender decides whether the remaining owner can hold the loan alone.

Which form do you use?

GOV.UK says form TR1 is used to transfer the whole of a property in one or more registered titles. A conveyancer normally prepares it with the transfer and sends the application to HM Land Registry.

Is capital gains tax due on a transfer of equity between spouses?

HMRC's helpsheet HS281 says transfers between spouses or civil partners who are living together give neither a gain nor a loss. Time limits and conditions apply after separation, and unmarried owners are not covered by it.

Where this comes from

Sources

Last reviewed 16 October 2026 by the Your Property Check team. This page is general information, not legal, tax or financial advice. For your own situation, speak to a conveyancing solicitor or another qualified professional.