Transfer of Equity — Adding or Removing Name from Title

A transfer of equity occurs when a property owner adds or removes a person from the title deeds of a property. Common situations include adding a spouse or partner after marriage, removing an ex-partner following separation, or transferring a share to a family member.

Common Reasons for a Transfer of Equity

The most common reasons for a transfer of equity in Ireland are: adding a spouse or civil partner to the title after marriage, removing a former partner following separation or divorce, transferring a share to an adult child as part of estate planning, adding a business partner to a jointly owned investment property, and removing a deceased co-owner from the title.

What Is Involved?

Our solicitor will: investigate the existing title, prepare the deed of transfer, deal with any existing mortgage (lender consent is required if the property is mortgaged), calculate and advise on stamp duty and Capital Acquisitions Tax implications, and register the transfer at the Land Registry.

Tax Implications

Transfers of equity may have tax implications including Capital Gains Tax (CGT) for the transferor, Capital Acquisitions Tax (CAT) for the recipient, and stamp duty. We will advise on these before completing the transfer. Transfers between spouses and civil partners are generally exempt from CGT and stamp duty.

Frequently Asked Questions

How much does a transfer of equity cost in Ireland?

Our fixed-fee transfer of equity service covers all the legal work involved in adding or removing a name from a property title. Stamp duty, Land Registry fees, and any mortgage-related costs are charged separately as third-party costs.

Do you need a solicitor for a transfer of equity in Ireland?

Yes — a transfer of equity involves preparing and registering a deed of transfer and, where there is a mortgage, dealing with the lender. This must be done by a solicitor.

How long does a transfer of equity take in Ireland?

A straightforward transfer of equity typically takes 4–8 weeks. Where there is a mortgage, the timeline depends on how quickly the lender provides consent documentation.