Transfer Of Equity

This legal requirement is to ensure that the person transferring equity in a property (the transferor) is fully aware of the implications in transferring their share to the other party (the transferee). The transfer of title could be for a monetary value (consideration) or could be made as a gift.

There is often a requirement for property to be registered in different individual’s names, this may be adding a person to the title deeds or removing someone. An example of this, would be the transfer of equity into joint names as a result of marriage. Alternatively there may be a need to transfer equity from joint to sole ownership.

In the case of couples, this may be as a consequence of divorce and therefore the transferring of property could constitute part of a settlement agreement. Another example would be a brother or sister transferring their share of a property to the other sibling.

A TR1 document has to be completed to effect a transfer between parties. It is the legal document that transfers the legal ownership of the property with the Land Registry. Property is often gifted between parties for zero consideration particularly between family members.

As part of the process, independent legal advice is important for the person who is transferring the title. A solicitor can ensure that the circumstances and implications are fully understood and that there has been no duress throughout the proceedings.

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