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
- Changing owners with a mortgage at a glance
- Will my lender agree to add or remove someone?
- If I come off the deeds, am I off the mortgage too?
- Keep the same lender, or remortgage at the same time?
- Does taking on part of the mortgage count as paying for the share?
- What happens first, and what happens last?
- Is it different for a home in Wales?
- Who charges what when there’s a mortgage?
- Questions about the deeds and the loan
- Our fees
- What happens next
Changing owners with a mortgage at a glance
| Who agrees first | Your lender, before the deeds change |
|---|---|
| Deeds and mortgage | Separate: the register shows who owns, the loan shows who owes |
| Mortgage share taken on | Counts as payment for Stamp Duty, in line with the share |
| Spouse or civil partner | Not at the higher rates if you live together and no one else is involved |
| Tax return | 14 days in England; 30 days in Wales |
| Land Registry fee, no money paid | Scale 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)
| Lender | What it calls it | Lender’s own fee | Checks | Your solicitor |
|---|---|---|---|---|
| Santander | Adding or removing a borrower | £95 | Income and outgoings, so it knows you can still afford the payments | You appoint and pay a solicitor |
| Nationwide | Change of borrower or transfer of equity | £125, refunded if declined | Credit check and affordability on all applicants; proof of income. Not available if the home is let, or if three or more borrowers would remain | You instruct and pay a solicitor |
| NatWest | Transfer of title | An 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 mortgage | Your own solicitor, registered with LMS |
| HSBC UK | Transfer of title (with a remortgage) | Not published on the page we checked | Not 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 record | HM Land Registry | Your lender |
| What changes it | A transfer deed, usually TR1, sent to HM Land Registry | The lender’s consent, a new offer, or a remortgage |
| Who has to sign | Every current owner, and usually the new owner | Whatever papers the lender asks for |
| If it is not done | The old owners stay on the register | Everyone 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 situation | The usual route | What it means for the legal work |
|---|---|---|
| Adding a partner, no extra borrowing, lender agrees | Your lender’s change-of-borrower process | We 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 sum | More borrowing from your lender, or a remortgage | The new money has to be ready on the day the transfer completes |
| Moving to a new lender anyway | A remortgage in the new names | We 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 remortgage | Check what it covers first | Nationwide’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 separating | See our separate guide | Keeping 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.
What happens first, and what happens last?
- Ask your lender. Apply to change the borrowers, or apply for the new mortgage. The lender checks affordability and credit.
- The lender agrees in writing. This is a consent, a new mortgage offer or a change-of-borrower offer.
- 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.
- 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.
- Completion. The transfer takes effect. Any buy-out money is paid, and on a remortgage the old loan is paid off.
- 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.
- Registration. We send the transfer to HM Land Registry, with any new mortgage, so the register shows the new owners.
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.
| Example | Treated as paying | Wales (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
- Finance Act 2003, Schedule 4, paragraph 8 (debt as consideration), checked 29 October 2026
- GOV.UK: SDLT, transferring ownership of land or property (updated 23 September 2022), checked 29 October 2026
- Finance Act 2003, section 77A, checked 29 October 2026
- Finance Act 2003, Schedule 4ZA, paragraph 9A, checked 29 October 2026
- GOV.UK: SDLT, buying an additional residential property (updated 1 April 2025), checked 29 October 2026
- HMRC, Stamp Duty Land Tax: residential property rates, checked 29 October 2026
- HMRC, Stamp Duty Land Tax online and paper returns, checked 29 October 2026
- HM Land Registry, Practice guide 8: execution of deeds, checked 29 October 2026
- HM Land Registry, Registration services fees, checked 29 October 2026
- Land Registration Fee Order 2024 (SI 2024/931), checked 29 October 2026
- Welsh Revenue Authority, Land Transaction Tax rates and bands, checked 29 October 2026
- Welsh Revenue Authority, Land Transaction Tax guide, checked 29 October 2026
- Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, Schedule 4, paragraph 8, checked 29 October 2026
- Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017, Schedule 3, checked 29 October 2026
- Santander: changing borrower, checked 29 October 2026
- Nationwide: change of borrower, checked 29 October 2026
- NatWest: how can I add or remove someone from my mortgage, checked 29 October 2026
- HSBC UK intermediaries, residential criteria (change log September 2026); Lending Instructions V1 2026, checked 29 October 2026
- Leeds Building Society: transfer of equity, checked 29 October 2026
- Yorkshire Building Society: transfer of equity, checked 29 October 2026
- Land Registration Act 2002, section 27, checked 29 October 2026
Contains public sector information licensed under the Open Government Licence v3.0.
Waterstone Chambers LLP, trading as Waterstone Legal, is authorised and regulated by the Solicitors Regulation Authority (SRA No. 605949) and CQS accredited. Not happy with our service? See how to complain.