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Transfer of Equity to a family member: Costs, Tax and the UK process

This is a legal process where the ownership of a property is changed by one or more people being added or removed from the property title.

The common reasons people choose a Transfer of Equity:

• Marriage or Civil Partnership: adding a spouse or partner to the title.
• Divorce or break-up: removing a former partner from the title.
• Buying out a Co-Owner: one owner purchasing the other owner’s shares.
• Gifting property to a relative.
• Creating a more favourable tax position for the family.

Can we use the same solicitor, or does each person need their own solicitor?

It depends on the circumstances. Your solicitor will be able to answer this once they have all relevant information of the proposed transfer.

Are there any Tax implications on transferring your property?

• Stamp Duty Land Tax (‘SDLT’) may be payable if the transfer is for any payment, or if a mortgage debt is being repaid or remaining on the title.
• If you want to transfer your property as a gift, you may be liable for capital gains tax and there will be inheritance tax consideration.

Quastels’ Private Wealth team can assist with any tax queries involving transfers of equity and wider tax planning considerations.

What is the process?

1. If the property is mortgaged, first speak to your mortgage lender as their consent may be required for the transfer.
2. Take tax advice and appoint a solicitor. At Quastels, we can advise on the tax position as well as deal with the conveyancing (the conveyancing costs will be lower than a normal purchase).
3. If the property is leasehold, a ‘licence to assign’ may be required, which is the landlord’s consent to the transfer. Your solicitor will check the lease to see if this is required and if so, will obtain it as part of the process.
4. All parties to the transfer will need to sign a Transfer Deed with an independent witness.
5. Once all above points have been satisfied, completion can take place and your solicitor will deal with any necessary payments.
6. Depending on the circumstances, SDLT may be payable and your solicitor will lodge the SDLT return.
7. If Leasehold, your solicitor will serve notice of the transfer upon the managing agents to ensure they update their records.
8. As the final part of the process, your solicitor will send an application to H.M. Land Registry to update the property ownership details.

To discuss a Transfer of Equity, contact our Residential Real Estate team, and our Private Wealth & Tax team.

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Quastels Recognised in The Times Best Law Firms 2026

Quastels LLP has debuted in The Times Best Law Firms 2026. Listed in two categories, our Private Wealth & Tax team make their entry into their third directory of the year, alongside The Legal 500, and Spear’s 500.

About The Times Best Law Firms

The Times Best Law Firms lists the top 250 legal practices in England and Wales. Independently collected by Statistica, all listed practices are chosen by lawyers through peer nomination. We would like to extend our gratitude to our peers who nominated us.

Recognition

Quastels has been recognised in particular for ‘Inheritance & Succession’ and ‘Tax’. Our Private Wealth & Tax team were noted for their strength in core practice areas, as well as emerging fields such as digital assets and cryptocurrencies. In the ‘Tax’ category, Quastels was one of only nine firms commended. Led by Partner Ben Rosen, the team comprises of Senior Associate Jack Burroughs, Solicitors Eleanor Catling and Alice Lumley, and Paralegal Jemima Plowden Roberts. This dynamic team are known for their personal approach and forward-thinking strategies.

Get in touch with our Private Wealth & Tax team for information on how they can assist you.

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Buying a Business or Tendering to Provide a Service? Don’t Get Caught Out by TUPE.

This article was published in the November/December 2025 edition of London Business Matters.

When buying a business or taking over a service, the Transfer of Undertakings (Protection of Employment) Regulations 2006 (‘TUPE’) is a key consideration. TUPE applies to all relevant transfers regardless of workforce size and importantly, cannot be contracted out of. TUPE protects employees from losing their jobs by automatically transferring their employment to the buyer on existing terms and liabilities.

Which employees transfer?

All employees ‘assigned’ to the business/service will automatically transfer. The assessment is rarely straightforward, particularly where roles are divided across clients or activities. While the percentage of time spent on the relevant work is a starting point, the law also considers contractual arrangements, job description, cost allocation and economics value.

ETO reasons and dismissals

Dismissals connected with the transfer are automatically unfair unless the employer can show an ‘economic, technical or organisational’ (ETO) reason ‘entailing changes in the workforce.’ Tribunals interpret ETO reasons narrowly however, genuine redundancies arising from a reduction in demand, technological change or efficiency-driven restructuring may fall within scope, provided they are also procedurally fair.

Restrictions on ‘harmonising’ terms

A buyer is unable to ‘harmonise’ terms and conditions of transferring staff with its existing workforce if the sole or principle reason is the transfer. This prohibition is not time-limited so that attempts, even years later, can be unlawful exposing the buyer to breach of contract or constructive dismissal claims. Even with a genuine ETO justification, the buyer must still obtain employees’ agreement.

Duty to inform and consult

Employees must be informed of the transfer and also any ‘measures.’ ‘Measures’ is construed widely and can include redundancies, relocations, changes to working practices or payroll. Where ‘measures’ are proposed, consultation is also required. Any procedural failures in this regard can result in protective awards of up to 13 weeks’ gross pay per affected employee.

Employee liability information (ELI)

The seller must provide specified ELI on transferring employees. Prudent buyers should carefully analyse this information as early as possible to understand the risks of assuming equal pay liabilities, enhanced redundancy rights or long-term sickness absences.

Conclusion

TUPE considerations require early legal advice and forensic due diligence. If considered late in the process, it can result in a lost opportunity to negotiate important indemnities leaving the buyer with liabilities which may outweigh the value of the deal itself.

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