Matrimonial & Civil Partnership Transfer
A matrimonial transfer involves changing property ownership between spouses or civil partners. This could be part of a divorce settlement, separation agreement, or simply restructuring assets within a marriage.
Regardless of the reasons, the process can significantly affect your financial future, so it’s important to know the legalities involved and make sure the process is fair.
At Lawhive, our network of experienced property lawyers is on hand to support you with a matrimonial transfer, providing personalised advice and support specific to your situation.
From initial consultation to final transfer, we offer comprehensive legal support to manage every step of the process.
Contact us today for a free, no-obligation case evaluation. Our Legal Assessment Specialists will listen to your needs and help you understand your options for matrimonial transfer.
What is a matrimonial transfer?
A matrimonial transfer involves the legal process of changing the ownership or title of property between spouses or civil partners after marriage, during a divorce or separation, or as part of estate planning.
The transfer ensures that property rights are reallocated according to the agreed terms or legal requirements, reflecting the changes in the relationship status of the parties involved.
What is the law for matrimonial property in the UK?
Matrimonial property law in the UK governs the ownership, division, and distribution of property and assets between spouses or civil partners during marriage, upon divorce, or following separation.
Matrimonial property typically includes assets acquired during the marriage or civil partnership, such as the family home, joint savings, and income.
Applicable laws governing matrimonial property include the Family Law Act 1996, the Matrimonial Causes Act 1973, and the Civil Partnership Act 2004.
Why would I need to transfer property during a divorce?
You might need to transfer property during a divorce to:
Achieve a fair and equitable division of marital assets
Provide stability for children
Simplify financial arrangements by clearly defining ownership and responsibilities
Comply with court orders or legally binding divorce settlements.
Secure long-term financial stability.
How can I add my spouse to the property title?
To add your spouse to the property title, you first need to decide whether you will be joint tenants or tenants in common.
If you’re adding your spouse as a tenant in common, you’ll need to decide on the share each of you will own. This can be equal or based on a different proportion.
If there is an existing mortgage on the property, you’ll also have to notify your lender of your intention to add your spouse to the title as their consent is usually required to do so.
Your lender may also require a formal process known as a transfer of equity, where the mortgage is adjusted to reflect the new ownership.
You’ll also need to complete the Land Registry TR1 form to transfer the whole or part of the property ownership. Both you and your spouse must sign this form and your signatures must be witnessed by an independent person who is not a party to the transfer.
There is a fee for registering the change with the Land Registry, which varies based on the property’s value and whether the application is submitted electronically or by post. You may also need to pay Stamp Duty Land Tax depending on the value of the property and the consideration (if any given) for the transfer.
Given the legal and financial implications of adding your spouse to the property title, it’s often helpful to seek legal advice to make sure all aspects are handled correctly.
Contact us for a free case evaluation and quote for the services of a specialist lawyer.
Can I transfer property to my spouse without selling it?
You can transfer property to your spouse without selling it. This process is known as transfer of equity, and it allows you to add your spouse to the property title or transfer full ownership to them without going through a traditional sale.
Can I transfer property to my children as part of a matrimonial settlement?
While it's common to transfer property between spouses during a divorce, transferring it to children, especially minor children, adds layers of complexity.
In the UK, minors can’t legally hold property in their name. Instead, the property must be held in trust until they reach adulthood. Therefore, if you wish to transfer property to a minor child, you must set up a trust to manage the property.
A solicitor can help draft a trust deed that outlines the terms and conditions of the trust, including the roles and responsibilities of the trustees and the rights of the beneficiary.
How long does a matrimonial transfer take?
Matrimonial transfers typically take between 4 to 12 weeks, depending on the complexity of the transaction and the parties involved.
If you need consent from your mortgage lender to add or remove your spouse from the mortgage, this can take a few weeks depending on the lender’s processes and requirements.
Further, it takes 2-3 weeks to update the title register and confirm new ownership, though complex or high-value transactions can take longer.
What are the costs involved in matrimonial transfers?
The costs involved in matrimonial transfers include:
Solicitor’s fees for legal advice, document preparation, and negotiation
HM Land Registry fees
Stamp Duty Land Tax (if the transfer is for consideration)
Valuation and survey fees
At Lawhive, we offer affordable and transparent legal services to help you navigate the property transfer process.
Our experienced Legal Assessment Team can provide clear guidance on the costs involved and assist you in managing your matrimonial transfer efficiently.
Contact us today for a free case evaluation and quote for the services of a specialist lawyer.
How will a matrimonial transfer affect my existing mortgage?
Whether your matrimonial transfer involves adding your spouse to the property title or transferring ownership as part of a divorce settlement, if there is an existing mortgage on the property, you must tell your lender of any changes to the ownership structure. Their consent is required to proceed with the transfer.
Usually, the lender will review the proposed changes and assess the financial status of the new owner(s) to make sure that they can meet the mortgage obligations.
If the lender is satisfied with the financial standing of the new owner(s), they will approve the transfer. Alternatively, some lenders may require the existing mortgage to be refinanced in the new owner’s name(s) rather than simply transferring equity.
Is Stamp Duty payable on a matrimonial transfer?
Transfers of property between spouses or civil partners who are living together are generally exempt from Stamp Duty. This means that if you are transferring property to your spouse or adding them to the title while you are still married and living together, Stamp Duty is not payable.
When transferring property as part of a divorce or legal separation, Stamp Duty may be payable, especially if the transfer involves the assumption of mortgage debt or other forms of consideration. However, Stamp Duty relief is available under certain conditions to mitigate the tax burden when transferring property due to divorce or separation.
How can a solicitor help with a matrimonial transfer?
When it comes to matrimonial transfer, a solicitor will explain your legal rights and obligations, providing clarity on how different ownership structures (joint tenants vs tenants in common) will impact your future.
They can also provide advice based on your specific situation, whether it’s a divorce settlement, estate planning, or changing ownership for financial reasons.
A solicitor can also:
Prepare all necessary legal documents including the transfer deed, consent orders (if required), and any mortgage-related paperwork.
Handle submission of documents to HM Land Registry.
Liaise with mortgage lenders to get consent for the transfer and manage the lender’s requirements.
Assist in arranging new mortgage terms (if applicable).
Negotiate the terms of the property transfer as part of a broader financial settlement during divorce or separation.
What should I do if my ex-spouse refuses to transfer property as agreed?
If your ex-spouse refuses to transfer property as agreed you should first try to communicate directly with them to understand their reasons for refusal. Sometimes, issues can be resolved through open and respectful dialogue.
If this doesn’t work, consider family mediation, which can help facilitate discussions and reach a compromise without escalating the dispute to court.
You might also consider seeking advice from a solicitor who specialises in family law and property disputes. They will explain the potential legal remedies to enforce a matrimonial transfer, such as injunctions that compel your ex-spouse to comply with the property transfer terms.
What are common challenges in matrimonial transfers?
Matrimonial transfers can be quite straightforward if, for example, you’re adding a spouse to the property. However, transferring property during a divorce or separation can be more complex and emotionally charged.
Legal challenges
If the property transfer is part of a contentious divorce, obtaining court orders to enforce the transfer can be necessary and time-consuming. And even with court orders, enforcing the transfer if one party is non-compliant can involve further action and delay the process.
Financial challenges
Sometimes, getting mortgage lender consent for a property transfer can be challenging, particularly if the new owner’s financial situation does not meet the lender’s criteria.
Further, certain transfers can attract tax liabilities such as Stamp Duty Land Tax and Capital Gains Tax. Calculating these liabilities can be tricky if you’re not up to speed with the latest rates, thresholds, and exemptions.
How can I make sure a matrimonial transfer is fair?
In the context of matrimonial transfers, fairness means that the distribution of property and assets considers the needs, contributions, and future financial security of both parties.
It is then important that you know your legal rights and understand the legal framework involved in matrimonial transfers.
Engaging a property lawyer can provide clarity on your legal obligations and rights. Further, legal representation ensures that your interests are protected through negotiations and the transfer process.
Find a solicitor to help with your matrimonial transfer
At Lawhive, we are dedicated to guiding you through every step of the matrimonial transfer process.
Our network of experienced property lawyers provides personalised support tailored to your unique circumstances, from initial consultation to final transfer.
We ensure that your interests are protected, offering comprehensive legal assistance that addresses both the practical and emotional aspects of matrimonial transfers.
Why choose Lawhive?
Expert legal support: Our network of solicitors are specialists in property law, equipped to handle the complexities of your case with precision and care.
Affordable services: We offer high-quality legal services at a fraction of the cost of traditional high-street law firms, making professional support accessible to everyone.
Comprehensive assistance: From negotiating settlements to handling all legal documentation and interactions with mortgage lenders, we provide complete support throughout the transfer process.
Contact us today for a free, no-obligation case evaluation and quote for our services.
Our Legal Assessment Specialists are ready to listen to your needs, provide initial guidance, and help you explore your options for a fair and successful matrimonial transfer.