Guide · Owning

Transfer of equity: adding or removing a name on a property title (England and Wales)

Adding a partner or removing an owner is a transfer registered with HM Land Registry (forms AP1 and TR1). SDLT is charged on any cash paid plus the share of the mortgage taken on; a gift with no mortgage is not taxed.

In short

A transfer of equity changes who owns a home without selling it on the open market: adding a partner as joint owner, or removing an owner after a split. In England and Wales it is registered with HM Land Registry using form AP1 with a transfer deed (TR1 for the whole property), identity evidence and a fee. Stamp Duty Land Tax is charged on the “chargeable consideration”: any cash paid plus the share of the mortgage the new owner takes on, if that total is above the threshold (£125,000 for residential property in England since 1 April 2025). A gift of a share with no mortgage attached is not normally taxed. Transfers ordered or agreed on divorce or dissolution are exempt.

When a transfer of equity happens

Common cases where the registered owner is changed at HM Land Registry:

SituationWhat changes on the register
You marry or move in together and add your partnerSole owner becomes joint owners (joint tenants or tenants in common)
You divorce or separate and one owner leavesJoint owners become a sole owner
You give a share to a family memberA new owner is added
One joint owner buys out the otherThe buyer becomes sole owner

Adding someone is also the moment to choose how you hold the home. GOV.UK explains that changing from sole ownership to joint ownership “is called transferring ownership”; switching between joint tenants and tenants in common later has no fee. See joint tenants or tenants in common.

The steps at HM Land Registry

  1. Check the register. Download the title register to see who owns the home and which mortgages are registered.
  2. Get the lender on board. HM Land Registry notes that if the transaction involves a mortgage, “most lenders will insist that a conveyancer is used”. For a Help to Buy home, Homes England asks for written permission from the repayment mortgage lender and says the names on the equity loan must match those on the mortgage.
  3. Prepare the deed. Form TR1 for a transfer of the whole title, or TP1 for part of it.
  4. Fill in form AP1 (application to change the register) and ID1 (certificate of identity for a private individual) where identities need verifying.
  5. Pay the fee and send the application to HM Land Registry.

Anyone can apply without a conveyancer, but HM Land Registry warns that “the consequences of getting it wrong can be costly” and that a conveyancer’s professional insurance covers errors.

HM Land Registry fees

Which scale applies depends on whether money changes hands.

Type of transferFee scaleFee is based on
Gift of a share, no paymentScale 2Value of the share transferred, after deducting the mortgage that continues (or the new one)
Share bought for money (buy-out)Scale 1The price paid (the consideration)
Transfer under a divorce or dissolution court orderScale 2Value of the property, less any continuing mortgage, even if one party is ordered to pay money

Scale 2 fees (HM Land Registry, current guidance):

ValueBy postPortal, whole of a title
£0 to £100,000£45£20
£100,001 to £200,000£70£30
£200,001 to £500,000£100£45
£500,001 to £1,000,000£145£65
Over £1,000,000£305£140

Worked example from HM Land Registry. A home worth £200,000 has £100,000 of mortgage left. The owner gives himself and his partner equal shares. The fee is assessed on half of (£200,000 − £100,000), so £50,000, under Scale 2.

Scale 1 fees for a buy-out run from £45 (up to £80,000, by post) to £1,105 (over £1 million, by post), with lower portal fees.

Stamp Duty Land Tax on a transfer of equity

HMRC’s guidance on transferring ownership says SDLT is due when you receive all or part of a property “and you give anything of monetary value in exchange”. Taking on a share of the mortgage counts.

CaseSDLT?
Gift of a share, no mortgage on the homeNo, and no return to send
Gift of a share, the new owner takes on part of the mortgageYes, on the share of the mortgage, if above the threshold
Buy-out: cash for the equity plus a share of the mortgageYes, on cash + mortgage share, if above the threshold; a return must be filed
Transfer under a divorce or dissolution agreement or court orderNo, and no need to tell HMRC
Joint owners divide land physically and equallyNo

HMRC’s example, recalculated at today’s rates. Two people own a £550,000 house equally, with a £200,000 mortgage. One becomes sole owner, paying £175,000 cash for half the equity and taking on the other’s £100,000 half of the mortgage. The chargeable consideration is £275,000. HMRC’s page works this out with the October 2022 thresholds (£1,250). At the rates in force since 1 April 2025 (0% to £125,000, 2% to £250,000, 5% above), the bill is £0 + £2,500 + £1,250 = £3,750. GOV.UK adds that you usually pay 5% on top of these rates if you own another residential property: see higher rates on additional properties.

These are English and Northern Ireland rules. In Wales, Land Transaction Tax applies instead, and in Scotland LBTT, with land registered by Registers of Scotland rather than HM Land Registry.

Capital Gains Tax

HMRC’s helpsheet HS281 says a transfer between spouses or civil partners living together gives “neither a gain nor a loss”. Between unmarried partners or relatives, a gift is treated at market value and can create a taxable gain unless the home was the giver’s main residence: see Capital Gains Tax on a home. For separating couples, see divorce, separation and the family home.

Which professional to consult

A conveyancer drafts the TR1, deals with the lender, files the SDLT return and registers the change. A mortgage adviser helps if the remaining owner must borrow alone to buy out the other. A valuer gives the market value used for fees and tax.

Frequently asked questions

How do you add someone to a house deed?

Apply to HM Land Registry with form AP1, a TR1 transfer, identity evidence and the Scale 2 fee if it is a gift. If there is a mortgage, the lender usually has to agree.

Do you pay stamp duty on a transfer of equity?

Only if the new owner gives something of value above the threshold: cash, or taking on a share of the mortgage. A gift with no mortgage attached is not normally taxed.

Can I remove my ex-partner’s name from the title?

Yes, by a transfer of their share to you, which they must sign. A transfer under a divorce or dissolution agreement or court order is exempt from SDLT.

How much does HM Land Registry charge for a transfer of equity?

For a gift, the Scale 2 fee on the value of the share after the mortgage, from £20 online to £305 by post. A buy-out pays the Scale 1 fee on the price.

Do I need a solicitor for a transfer of equity?

Not legally, but most mortgage lenders insist on a conveyancer when a mortgage is involved, according to HM Land Registry.

General information drawn from the official sources cited and dated on this page. It is not legal, tax or financial advice: for your own situation, ask a licensed professional.

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Sources

All guides · Payotte UK