02/10/2026
Thinking about adding someone to a property, removing an owner, or changing who legally owns it?
A Transfer of Equity is more than simply changing a name on the paperwork. It is a legal change to the ownership of a property.
But there is an important distinction many property owners may not realise.
The legal owner and the person who benefits from the property are not always the same.
HM Land Registry's current guidance explains that the title register records the legal owners, but does not record who has the beneficial interest in the property. A beneficial interest can include the right to benefit from the property or receive some or all of the proceeds if it is sold.
For example, two people may be registered as legal owners while their beneficial interests are held in different shares.
This distinction can become particularly important when dealing with Transfer of Equity, joint ownership, trusts, separation or the sale of a property.
There can also be tax implications depending on the circumstances. For example, taking on responsibility for an existing mortgage as part of a property transfer can potentially affect the Stamp Duty Land Tax position.
So before you change the ownership of a property, make sure you understand exactly what is being transferred and who holds which interest.
For personal guidance on your property matter, contact with Wright Justice Solicitors.
