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Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
Amazing experience
After placing an enquiry, I received a call 20 minutes later, and then 2 hours later, I had a solicitor assigned to me. They were absolutely incredible right from the word go - amazing and very prompt with replies, answering all my questions and keeping the process moving. We finally completed today and I am so unbelievably happy. I wouldn’t hesitate to use Lawhive again in the future if needed.
Lily
First class service
I initially made an online enquiry about a tricky conveyancing matter and received an immediate call back. They understood straight away what was needed and gave me a quote that was very reasonable. It was such a pleasure to find someone who was cheerful, professional and completely reassuring as I’d been getting quite anxious about the sale of my house. The service Lawhive has provided is absolutely first class and I cannot recommend them enough.
Charles
Empathetic, professional and efficient
I am an executor, selling my mother's home. I found the assistance I received from Lawhive first rate - empathetic, professional and efficient.
Mark
Great service from Lawhive
We used Lawhive for our conveyancing needs and our solicitor was very helpful, patient and informative. She helped us with our needs with prompt responses and provided a very efficient service.
Kelvin
Great service when you need clarity and calm
Our solicitor was warm, friendly and provided crystal clear communication. A lot of conveyancers assume customers know everything about the process already, so it was really appreciated to hear each stage included in the price given.
Em
Quick and efficient
We used Lawhive for a transfer of property and conveyancing. Our solicitor was so helpful and thorough with the whole process. He responded quickly and efficiently to any questions or requests that we had and explained some of the more complicated issues regarding the process clearly.
Geri
Fantastic service and experience with Lawhive
I had the pleasure of working with Lawhive doing a transfer of equity on a property. Our solicitor’s service was amazing, she responded quickly to any questions or concerns and kept me updated throughout the process. I can strongly recommend her for any conveyancing work that you may need. Fantastic service all round.
Jane
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01 overview
Matrimonial transfers, the process of adding or removing someone from the title deeds of a property occur when a couple gets married, enters a civil partnership, or gets divorced or separated.
This is a comprehensive guide for individuals involved in matrimonial property transfers. The content will explain the legal process of transferring property between spouses or partners during divorce or separation, the tax implications, and the necessary steps involved in transferring property ownership between partners
We’ve written this for:
After reading you should understand the intricacies of managing property transfers during separation. You should also appreciate the benefits of seeking legal assistance from Lawhive to ensure a smooth and legally compliant process.
Property transfers are common during divorce or separation, where one partner may transfer their share of a jointly owned property to the other.
This is because during divorce and separation, assets need to be divided, with a home being the most significant asset that most people own.
Property transfers are often used as part of financial settlements, ensuring fair division of assets during separation.
They also occur for tax reasons to take advantage of capital gains tax reliefs, or as part of estate planning so property can be left to children or other close family members when a partner dies.
A matrimonial transfer can also be used to create an informal agreement between partners where the ownership shares are changed when one partner is paying off the mortgage and wants to get some equity for their money.
There is an established legal process to follow for matrimonial transfers. If you are considering using this legal instrument following this process will ensure you navigate a matrimonial transfer smoothly.
Step 1: Agreement between parties - reaching an agreement on property ownership between both parties is essential before proceeding with the transfer.
Seeking legal assistance here can help smooth the process. It is important for both parties in a relationship to get legal advice so that they understand the implications of the agreement.
Step 2: Obtaining consent – you will need to notify third parties that have an interest in the property, this includes mortgage lenders if the property is under mortgage. They need to be notified of a transfer and give their written consent.
Lenders will have different requirements, which depend on circumstances. Some lenders require the new owner to become jointly liable on the mortgage.
It is advisable to get a court order before a transfer takes place as this prevents Stamp Duty Land Tax applying to the transfer.
Additional consent may be required for leasehold properties or properties with a restriction on their title. This depends on your individual circumstances and should be discussed with a solicitor.
In a matrimonial transfer or civil partnership transfer, both individuals may be able to use the same conveyancer. A solicitor can advise you on your best option.
Step 3: Drafting the transfer deed – now the solicitor should prepare the transfer deed documents for signature. They start by reviewing the property title deeds to check whether there are any restrictions on the transfer.
When drafting the documents the solicitor should include all the necessary information about both parties and the property. Then all parties must meet with the solicitor to sign the agreement in front of an impartial witness.
Step 4: Registering the transfer – when each party has signed the transfer, it must be registered with HM Land Registry and the title should be updated to reflect the new ownership. The Land Registry charges a fee which is dependent on the property value.
There is the potential for stamp duty land tax (SDLT) when transferring property between spouses and civil partners.
You will have to pay SDLT when the chargeable consideration for the exchange of the share transfer is more than the current SDLT threshold for your property type.
Here’s an example from Gov.uk of when you have to pay SDLT when no money changes hands for a transfer of ownership:
The owner of a property valued at £700,000, with an outstanding mortgage of £600,000, transfers half the property to their partner when they marry in October 2022. Their partner takes on 50% of the mortgage (£300,000).
By taking liability for the mortgage, the owner’s partner has given ‘chargeable consideration’ of £300,000 for their share of the property, which is £2,500 Stamp Duty Land Tax (0% of £250,000 + 5% of £50,000).
Here’s an example of when you do not have to pay SDLT:
A house has a value of £180,000. The owner of the property has equity of £90,000 and an outstanding mortgage of £90,000. The owner transfers a half share of the property to their partner.
Their partner:
So, the chargeable consideration for Stamp Duty Land Tax is £90,000, made up of the:
£90,000 is below the current Stamp Duty Land Tax threshold so there’s no tax to pay. You must still tell HMRC about the transaction on a Stamp Duty Land Tax return.
Spouses and civil partners can transfer assets from one person to the other without needing to pay capital gains tax (CGT). This is known as spousal exemption.
However, if you divorce or separate from your spouse or partner CGT can become payable.
CGT applies if you give a gift to your spouse or partner after separating and not living together in the same tax year.
Under new rules established in April 2023, spouses who separate can transfer assets between each other without them being subject to CGT for an unlimited time if the assets are subject to a formal consent order.
When there is no formal consent order the time limit is the earliest date of:
When spouses or civil partners separate, they now have up to three years after they stop living together to transfer any benefits in a financial settlement and benefit from the CGT exemption.
The Principle Private Residence Relief is a tax relief that can apply when a property is transferred between spouses and partners when they divorce or separate. It can apply to part of or the whole property. This means there may be no CGT on the whole or part of the gain realised from the transfer.
Your spouse or partner may have to pay CGT if they later sell the property. The gain is calculated on the difference in value between when you first owned the asset and when it is sold.
When it comes to second homes, their sale or transfer can be subject to CGT. You will need to refer to the tax-free limit, if the property value has not grown more than the limit you won’t have to pay CGT.
When transferring property, it is crucial to consider mortgage obligations and how transferring property may affect the responsibility for loan repayments.
Whoever is named on a mortgage has the responsibility to continue paying it off even when you are not married and have transferred the property to your spouse or partner.
So, it is important to transfer the mortgage, not just the property. It is important to speak to your mortgage provider as soon as possible, as different lenders have different criteria for transferring mortgages. You can also consider transferring to a new mortgage provider.
To remortgage you may require advice from a solicitor and need to have your house revalued.
There is the potential for legal disputes during separations if one party refuses to transfer the property or disputes the terms of the transfer. These can be resolved with the guidance of a solicitor.
There are several costs and fees that will need to be paid to complete a matrimonial transfer.
The legal costs involved in transferring matrimonial property include solicitor fees for drafting the transfer deed and handling negotiations.
The cost for a licensed solicitor to help with a matrimonial transfer is dependent on many factors including the complexity and specific requirements of the case. On average it is expected to range from £112-£149, but in some cases, it could cost as much as £186.
You will also face registration fees for registering the property transfer with HM Land Registry.
How long does the property transfer process take during a divorce?
It depends. A straightforward equity transfer can take between 4-6 weeks, with the timeframe depending on your circumstances.
Delays can occur when there are complications with the mortgage provider.
Can I transfer my share of the property without my spouse’s agreement?
If you have a joint mortgage, you can only transfer your share of the mortgage with your spouse or partner’s consent.
There are several good reasons to choose Lawhive solicitors for navigating a property transfer.
Recap the importance of managing property transfers correctly during divorce or separation and the benefits of seeking legal assistance for a smooth process.
Whether you are going through a divorce or separation, or you want to transfer part ownership of a property to a new partner, seek expert legal advice from Lawhive to ensure your matrimonial property transfer is handled correctly. Get a free legal assessment today.
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