When one or joint owners of property (or land) transfer or sells their interest to another person, (whether it be one of the joint owners or someone else) this is known as a transfer of equity.
There may be a payment or other consideration, or it can be a gift. (Sales are, of course, transfers of equity, but they are not under discussion here).
- Marriage: transfer of title of the matrimonial home into joint names
- Divorce or separation: transfer property ownership from joint names into one sole name or into the name of one joint owner and another person
- Tax planning: transfer a share of the family home into the name of a child/family member
- Adjustment of financial shares: to change a percentage in property ownership
Gift by parents to child
If there is a lender involved the names on the title of the property will have to be the same as on the mortgage. We are on the panels of all major lenders.
Points to consider
If you are making a gift of property or a transfer without payment of the full price there are many points that may need consideration (this is not an exclusive list);
- Will there be a liability to pay Capital Gains Tax?
- Are there Inheritance Tax implications?
- How will it affect assessments for future long-term care?
- What will happen if the person making the gift goes bankrupt?
- What is the position if there are creditors who are owed money?
- Are there any third-party claims against the property?
- What happens if, in the future, there is a divorce?
Anyone intending to give away property or accept less than the full value should, for their own protection and also for the protection of the recipient, receive independent advice.
With many years of experience between us, we are confident we can offer a really good service if you are considering a transfer of equity. Because we have that experience we know that you need a fixed quote for our costs and details about any disbursements you will incur.
TMJ Legal Services
TMJ Legal Services has been helping individuals and businesses since 1986. We offer a range of advice and services.