Adding or removing an owner when there’s a mortgage

Short answer

We can handle a transfer of equity and a remortgage together, so one firm deals with the deeds and the new loan. If there is a mortgage, your lender must agree to the change first. Lenders check that whoever stays on the loan can afford it. A share of the mortgage taken on counts as payment for Stamp Duty.

On this page
  1. Changing owners with a mortgage at a glance
  2. Will my lender agree to add or remove someone?
  3. If I come off the deeds, am I off the mortgage too?
  4. Keep the same lender, or remortgage at the same time?
  5. Does taking on part of the mortgage count as paying for the share?
  6. What happens first, and what happens last?
  7. Is it different for a home in Wales?
  8. Who charges what when there’s a mortgage?
  9. Questions about the deeds and the loan
  10. Our fees
  11. What happens next

Changing owners with a mortgage at a glance

Who agrees firstYour lender, before the deeds change
Deeds and mortgageSeparate: the register shows who owns, the loan shows who owes
Mortgage share taken onCounts as payment for Stamp Duty, in line with the share
Spouse or civil partnerNot at the higher rates if you live together and no one else is involved
Tax return14 days in England; 30 days in Wales
Land Registry fee, no money paidScale 2, on the share’s value less the mortgage

Will my lender agree to add or remove someone?

The change starts with your lender, not with us. Santander, Nationwide and NatWest all say they check that whoever will be on the mortgage afterwards can afford it. Nationwide and NatWest also run credit checks. If the person staying cannot afford the payments alone, the lender can say no.

Some situations are ruled out or harder:

  • Negative equity. If you owe more than the home is worth, a lender may not be able to process the change (Leeds Building Society).
  • A let property, or a mortgage that would still have three or more borrowers (Nationwide).
  • More than two people on the mortgage (NatWest allows at most two).

Keep paying the mortgage while you decide. Missed payments can affect the credit files of everyone named on it (Yorkshire Building Society).

What four lenders publish about changing borrowers (checked 29 October 2026)

LenderWhat it calls itLender’s own feeChecksYour solicitor
SantanderAdding or removing a borrower£95Income and outgoings, so it knows you can still afford the paymentsYou appoint and pay a solicitor
NationwideChange of borrower or transfer of equity£125, refunded if declinedCredit check and affordability on all applicants; proof of income. Not available if the home is let, or if three or more borrowers would remainYou instruct and pay a solicitor
NatWestTransfer of titleAn admin fee (amount in NatWest’s tariff of charges, refunded if the transfer does not go ahead)Affordability and a credit score; at most two people on the mortgageYour own solicitor, registered with LMS
HSBC UKTransfer of title (with a remortgage)Not published on the page we checkedNot covered by HSBC’s paid legal service; needs your own lawyer for the extra work. HSBC always takes a new mortgage deed in the new names. If one owner gets more than £50,000 more benefit from the borrowing than another, the owner who benefits least must take independent legal advice. If HSBC’s panel firm acts for the bank, that advice must come from a different firm (HSBC’s criteria for brokers)Your own lawyer

Lenders change their rules and fees. Your lender’s own letter is what counts, and we work from it.

If I come off the deeds, am I off the mortgage too?

No. The deeds and the mortgage are two separate things.

  • The deeds are the register at HM Land Registry. They say who owns the home. A signed transfer deed (form TR1), once registered, changes them.
  • The mortgage is your loan agreement with the lender. Only the lender can release someone from it.

So you can be off the deeds and still owe the whole mortgage. Or you can be on the deeds without being a borrower, if the lender agrees. So if you are coming off the deeds, ask the lender to release you from the mortgage at the same time. Otherwise you could give up your share and still owe the debt.

The deeds (who owns)The mortgage (who owes)
Who keeps the recordHM Land RegistryYour lender
What changes itA transfer deed, usually TR1, sent to HM Land RegistryThe lender’s consent, a new offer, or a remortgage
Who has to signEvery current owner, and usually the new ownerWhatever papers the lender asks for
If it is not doneThe old owners stay on the registerEveryone named stays liable for all of the debt

Keep the same lender, or remortgage at the same time?

There are two usual routes. You can ask your current lender to change the names on your mortgage. Or you can move to a new mortgage in the new names at the same time as the transfer. Which one fits depends on whether you need to borrow more, and on your lender’s rules.

Your situationThe usual routeWhat it means for the legal work
Adding a partner, no extra borrowing, lender agreesYour lender’s change-of-borrower processWe do the transfer. Your lender either keeps its existing mortgage or asks for a new mortgage deed in the new names (HSBC always does)
Buying out a co-owner and you need to borrow the buy-out sumMore borrowing from your lender, or a remortgageThe new money has to be ready on the day the transfer completes
Moving to a new lender anywayA remortgage in the new namesWe can do the remortgage and the transfer together. The old loan is paid off and the new one registered
Your lender offers free legal work on a remortgageCheck what it covers firstNationwide’s free legal work may not cover a transfer of equity. If not, you pay the conveyancer for the extra work. HSBC’s paid legal service does not cover it
You are separatingSee our separate guideKeeping the home, buying out or selling when you separate (linked under “What happens next”)

Whether you can borrow more, and which mortgage to choose, is for your lender or a mortgage adviser. We do not give mortgage advice. More on remortgage and transfer of equity together.

Does taking on part of the mortgage count as paying for the share?

Yes, for Stamp Duty. If you take on liability for part of a mortgage when you take a share of a home, that part of the mortgage counts as payment. It counts even if no money changes hands. HMRC divides the mortgage in line with the shares. So if you take a 50% share of a home with a £280,000 mortgage, you are treated as paying £140,000. Any cash you pay on top is added.

If you will also own another home worth £40,000 or more, the higher rates usually apply. A transfer to your husband, wife or civil partner is not charged at the higher rates, as long as you live together and no one else is involved. A Stamp Duty return is usually needed when the total is £40,000 or more, even if no tax is due.

Worked examples for homes in England, all 50/50:

SituationHome value · mortgageTreated as payingStamp Duty
AAdding an unmarried partner, who takes on half the mortgage and pays no cash£325,000 · £280,000£140,000£300
BThe same partner, but the lender keeps only the original borrower liable£325,000 · £280,000£0£0, no return
CAdding a partner who keeps a flat of their own£380,000 · £210,000£105,000£5,250, higher rates
DAs C, but they are married and live together£380,000 · £210,000£105,000£0, standard rates
EBuying out a friend: half the equity in cash plus half the mortgage£420,000 · £260,000£80,000 + £130,000 = £210,000£1,700

Example B depends on the lender. Most lenders want everyone on the deeds to be on the mortgage too, so check with yours first.

Try your own figures in the transfer of equity calculator (it opens with Example A filled in).

An estimate for individuals transferring a share of a home in England. This is not tax advice: HMRC is the authority on what you owe. Not included: first-time buyers’ relief, the exception from the higher rates for replacing a main home, the 2% surcharge for buyers who are not UK resident, companies and trusts, homes with more than two owners, and Capital Gains Tax.

What happens first, and what happens last?

  1. Ask your lender. Apply to change the borrowers, or apply for the new mortgage. The lender checks affordability and credit.
  2. The lender agrees in writing. This is a consent, a new mortgage offer or a change-of-borrower offer.
  3. You instruct us. You get a written, itemised quote first. We check everyone’s ID, read the title and confirm the shares and any money being paid.
  4. We prepare the papers. That means the transfer deed (TR1) plus any mortgage documents the lender sends. Each person signs in front of a witness.
  5. Completion. The transfer takes effect. Any buy-out money is paid, and on a remortgage the old loan is paid off.
  6. Tax. In England any Stamp Duty return and tax are due within 14 days of completion. In Wales the Land Transaction Tax return is due within 30 days.
  7. Registration. We send the transfer to HM Land Registry, with any new mortgage, so the register shows the new owners.

Read the five steps of a transfer, in more detail.

Is it different for a home in Wales?

The lender’s consent, the deed and HM Land Registry work the same way in Wales. The tax is different. Wales has Land Transaction Tax (LTT), paid to the Welsh Revenue Authority, not Stamp Duty.

The same mortgage rule applies: debt you take on counts as payment (Land Transaction Tax Act 2017, Schedule 4, paragraph 8). If you will not own another home, the main rates start at 0% up to £225,000, so many transfers between couples owe nothing. If you will own another home, the higher rates start at 5% from the first pound. The LTT return is due within 30 days, not 14. In Wales, transfers between spouses or civil partners in connection with a divorce or dissolution are exempt.

ExampleTreated as payingWales (LTT)England (SDLT)
A£140,000£0£300
C, higher rates£105,000£5,250£5,250
E£210,000£0£1,700

Work out other figures with the Land Transaction Tax calculator.

Who charges what when there’s a mortgage?

Three separate sets of charges, never added into one total:

Our fees

  • The transfer of equity: we give you a written, itemised quote before you instruct us.
  • If we also do your remortgage: our remortgage fee is in “Our fees” below. It is the remortgage fee, not a transfer of equity fee.

Your lender’s charges

  • Any fee for changing borrowers (see the lender table above), plus any valuation or product fee on a new mortgage. Set by the lender.

Government

  • Stamp Duty (England) or Land Transaction Tax (Wales), as in the examples above.
  • The HM Land Registry fee. Where no money is paid, it is based on the value of the share less the mortgage. Example A: 50% of (£325,000 − £280,000) = £22,500, so £20. Where money is paid as well, a different HM Land Registry scale applies (Scale 1, for transfers for value).

Our transfer of equity solicitors page explains what we do for you.

Questions about the deeds and the loan

Can I add my partner to the deeds but not the mortgage?

Sometimes, if your lender agrees. Many lenders want everyone on the deeds to be a borrower too. If your partner is not a borrower and takes on no debt, there is usually no Stamp Duty on a gift of a share. See how joint ownership works for how you will own it.

Can my ex stay on the mortgage after coming off the deeds?

Only if the lender agrees, and they stay liable for all of the debt. Most people want to be released at the same time.

We put in different amounts. Does the transfer record that?

The transfer can say you own the home in unequal shares. A separate document can record who put in what.

What if my lender says no?

Then the mortgage and the deeds stay as they are, and everyone on the mortgage stays liable. You could look at a new lender with a mortgage adviser, or at selling.

Our fees

RemortgagingFreehold home, borrowing under £1m £610 – £910 + VAT (£732 – £1,092 including VAT)

Typical ranges for a standard transaction, excluding VAT at 20% and disbursements. Every client receives a written, itemised quotation with an exact figure before instructing us. See all our fees and what they cover.

What happens next

Legally reviewed by Shah Ali, Senior Partner, on 30 October 2026.

Last updated 30 October 2026.

Sources

Contains public sector information licensed under the Open Government Licence v3.0.

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