Transfer Of Title Deeds

Transfer of Title Deeds (also referred to Transfer of Equity).

On occasion it may be necessary to transfer property between parties, this may be due, for instance, to Divorce, inheritance or gift. This is called transfer of title deeds and also referred to as transfer of equity.

You will be required to take legal advice and have a Solicitor to assist you with the transfer of the property, Tollers can readily deal with this on your behalf in a smooth and efficient manner.

The Mortgage

If there is a registered mortgage that is not going to be redeemed on the transfer of the property the mortgage lender must provide their consent to the property being transferred prior to completion of the transfer. You will need to contact the lender and complete their paperwork and provide them with Tollers details, once the lender has consented to the transfer of the property the Transfer Deed can be prepared.

It may be that you decide to take a new mortgage over the property at the same time as the property is transferred and Tollers can also deal with this on your behalf, please see our re-mortgage guide.

Stamp Duty

There may be Stamp Duty implications to consider, for instance, if the property is to be transferred from two parties to one and the outgoing party is to receive financial consideration for transferring their interest in the property, if this is above the Stamp Duty threshold then Stamp Duty will need to be paid by the remaining party. If the existing mortgage is to be retained and the financial consideration together with 50% of the existing mortgage is above the Stamp duty threshold, again, Stamp Duty will need to be paid. Stamp Duty will not be payable if the parties are divorcing.

The following is a basic step by step guide to the legalities of transferring property:-

  1. Tollers will provide a competitive quote and our instruction pack.
  2. You will need to complete the instruction pack and attend one of our offices with your original identification, due to the Land Registry’s strict identification requirements to prevent property fraud. (you can have your identity certified at the Post Office if you are unable to attend one of our offices).
  3. Once instructed Tollers will obtain a copy of the legal title from the Land Registry and prepare the Transfer Deed. If the property is being transferred by two or more people to one party, the outgoing party(ies) will need to obtain independent legal advice from an independent Solicitor, if the outgoing party does not wish to obtain independent legal advice they will need to still attend the offices of a Solicitor to complete an ID1 form, again, this is to comply with the Land Registry identification requirements as detailed above.
  4. If you are taking over the existing mortgage, the mortgage lender may need to seal the Transfer Deed and this will be sent to the lender once all parties have signed the Deed.
  5. Once the Transfer Deed has been signed by all parties it is then dated and sent to the Land Registry by Tollers, for registration to take place, this can sometimes take up to 6 weeks for the Land Registry to complete.
  6. Once the Land Registry has completed the registration of the transfer of the property a copy of the updated legal title is sent to the person remaining on the legal title for information.

Talk to Tollers

We will keep you updated throughout the process and a member of Tollers Conveyancing team will be on hand for any queries that may arise during the transaction.

For more information...

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Our Transfer Of Title Deeds Experts

Charles Mellor
Welcome Team Assistant
Charles works in Residential Conveyancing in the Milton Keynes Welcome Team. He is the first point of contact for clients looking to buy, sell, remortgage or transfer equity of a property...
Beverley Baggott
Conveyancing Assistant
Beverley worked for the old BBW Law (then Chaundler & Son) since leaving school, starting off as receptionist then progressing to secretary to various people before taking on her present role...
Holly Preston
Welcome Team Assistant Conveyancing
Having worked as a general office assistant for 4 years Holly is happy to be progressing her career in the conveyancing department...
Alison Peach
Assistant Conveyancer
Alison has worked in the law for 25 years, first as a secretary and assistant whilst she studied with CILEX. Alison has been dealing with her own matters for the last two years...
Heather Mayes
Conveyancing Manager / Conveyancer
Heather has worked in residential conveyancing for over 25 years and joined Tollers LLP in August 2019...
Zoe Thrift
Conveyancer
Zoe joined Tollers in 2014 having worked for law firms in Luton, London and Milton Keynes...
Wayne Bedding
Conveyancing Assistant
Wayne has over 20 years of experience in conveyancing and started his career at Tollers in May 2014...
Tracy Cousner
Conveyancing Assistant
Tracy joined Tollers in 2014 in Residential Conveyancing and assists the Team with not only purchases and preparation of completions...
Sian Evans
Solicitor
Sian has worked within the field of conveyancing for approximately 16 years and was admitted to the Roll of Solicitors on 1 st April 2002...
Robert Kasasian
Trainee Solicitor
As a trainee solicitor, Robert currently works in the residential conveyancing department and assists experienced staff...
Mandy Stark
Partner and Head of Residential Conveyancing
Mandy joined Tollers in February 2015 and is responsible for compliance for the residential property department. All eight offices and over 20 members of staff...
Louise Wilson
Conveyancer
Louise joined Tollers in January 2012 and undertakes the day to day running of property sale and purchase files...
Lindsey Lilley
Conveyancing Assistant
Lyndsey has 25 years’ experience working in a legal environment, with over 20 years spent in dealing with all aspects of residential conveyancing...
Lynsey Green
Conveyancer
Lynsey is a qualified Chartered Legal Executive currently working as a Conveyancer in the Residential Conveyancing team at Tollers...
Larissa De Oliveira
Assistant Conveyancer
Before joining as an Assistant Conveyancer in 2017, Larissa worked at international and national law firms such as Shoosmiths, Pictons and Brethertons...
Kirsten Blaikie
Assistant Conveyancer
Kirsten Blaikie, Assistant Conveyancer. Based in our Corby office, Kirsten has worked within the conveyancing sector for 5 years...
Khama Langdon
Trainee Conveyancing Assistant
Khama initially started working for Tollers as a Conveyancing Administrator through an apprenticeship. Khama has now been working for Tollers for over 3 years in David Wootton’s team...
Katie Green
Conveyancing Assistant
Katie Green - Conveyancing Assistant. Based in our Corby office Katie supports the Corby team by sending out contract papers to buyer’s solicitors...
Kate Munton
Conveyancing Assistant
Kate started her career at Tollers 25 years ago. In 2001 she joined David Wootton’s conveyancing team...
Jeremy Simmonds
Partner
Jeremy provides Wills and Probate services and Conveyancing to the established and growing client base in Rutland...
Heather Reay
Conveyancing Assistant
Heather joined Tollers in June 1979 and works in the Residential Conveyancing department, dealing with all aspects of conveyancing work...
Francesca Humphries
Senior Associate Solicitor
Francesca is a Senior Associate in the residential conveyancing department, managing a busy team in Corby...
Emily Vitue
Welcome Team Assistant
Emily Vitue works in our Residential Conveyancing department as a Welcome Team Assistant. She is the first point of call for new customers...
Elaine Rae
Conveyancer
Elaine has been with Tollers for 30 years and has specialised in Residential Conveyancing for the majority of that time...
David Wootton
Senior Associate / Conveyancing Manager
David is a Senior Associate and conveyancer at Toller’s with over 30 years of experience in conveyancing...
Angela Aitken
Conveyancer
Angela is a residential conveyancer with over 20 years of experience...
Danielle Hull
Conveyancing Assistant / Proclaim Developer
At Tollers, Danielle currently assists the Head of Residential Conveyancing. She is also responsible for the development of the case management system held and operated within the conveyancing department.
Charles Mellor
Welcome Team Assistant
Beverley Baggott
Conveyancing Assistant
Holly Preston
Welcome Team Assistant Conveyancing
Alison Peach
Assistant Conveyancer
Heather Mayes
Conveyancing Manager / Conveyancer
Zoe Thrift
Conveyancer
Wayne Bedding
Conveyancing Assistant
Tracy Cousner
Conveyancing Assistant
Sian Evans
Solicitor
Robert Kasasian
Trainee Solicitor
Mandy Stark
Partner and Head of Residential Conveyancing
Louise Wilson
Conveyancer
Lindsey Lilley
Conveyancing Assistant
Lynsey Green
Conveyancer
Larissa De Oliveira
Assistant Conveyancer
Kirsten Blaikie
Assistant Conveyancer
Khama Langdon
Trainee Conveyancing Assistant
Katie Green
Conveyancing Assistant
Kate Munton
Conveyancing Assistant
Jeremy Simmonds
Partner
Heather Reay
Conveyancing Assistant
Francesca Humphries
Senior Associate Solicitor
Emily Vitue
Welcome Team Assistant
Elaine Rae
Conveyancer
David Wootton
Senior Associate / Conveyancing Manager
Angela Aitken
Conveyancer
Danielle Hull
Conveyancing Assistant / Proclaim Developer
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