What does a Solicitor have do for a Transfer of Equity to take place?

11 November 2025 | Transfer of equity |

The first step involved in the legal process for a Transfer of Equity to take place is for the Solicitor to obtain a copy of the Title Deeds, most commonly up to date copies of the title registers to the property from H M Land Registry. Those title papers are then reviewed to check the current legal ownership, check any for mortgages and in particular any Restrictions on the property which may stop a disposal of the property.

When all is in order and understood such that the matter can go ahead, the form of Transfer Deed is drafted. This is the legal document which is needed to change the property ownership. If any third party Solicitor is involved, they will see the draft for approval. When it is in agreed form, it will need circulating to all parties for signature. Once it is signed by the individual parties any third party such as a mortgage lender, bank or building society will also have to execute the document. This is then signed in conjunction with any other documents needed for example, a Mortgage deed, a Declaration of Trust, a Form JO, a Cohabitation Agreement, ID1 Forms and an SDLT declaration form. Also at this time, depending upon the circumstances, mortgage monies may need to be drawn down, mortgage redemption figures obtained, final searches and checks done at the Land Registry and a date agreed for completing the transfer.