When someone is added to or removed from the ownership of a mortgaged property, the lender often asks one or more people to take independent legal advice before signing. A solicitor explains how the transfer affects your ownership and liability, and signs the certificate the lender needs.
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A transfer of equity changes who owns a property, for example adding a partner after marriage, or removing someone after a separation. Where there is a mortgage, the lender has to agree, and the people who will be on the mortgage afterwards usually sign a new mortgage deed.
The person giving up their share may lose their ownership rights, and the person joining may take on liability for the whole mortgage.
A transfer of equity can involve someone giving up a valuable share or taking on a large debt. Lenders want to know each person understands the effect and is acting freely, so they often require independent legal advice, particularly for anyone who is giving up a share or receiving no direct benefit.
Your ownership
What share you will hold, or give up, and how it is recorded.
Mortgage liability
Whether you will be liable for the whole mortgage, and what happens on default.
Money changing hands
Whether any payment is being made for the share and whether it is fair to you.
Tax and next steps
Points to check, such as stamp duty, and whether to record unequal shares in a declaration of trust.
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An SRA-regulated solicitor explains the risks in plain English, by video or in person in London.
Certificate sent to your lender
Your signed ILA certificate and documents are dispatched, usually the same day.
Yes. Most lenders accept advice given by video call, so you can usually be advised from home. If your lender insists on a face-to-face meeting, that can be arranged in London instead.
You don't need one nearby. Our SRA-regulated solicitors advise by video call wherever you are in England and Wales, often the same day, and video advice is accepted in most cases. If you need to meet face to face, appointments are available at the solicitor's office in London.
It depends on your lender. Usually it is anyone giving up their share or joining the mortgage without receiving a share. We can check your lender's instructions on your free consultation.
This service covers the independent legal advice and certificate. Your conveyancer handles the transfer itself; we work alongside them.
Often the same day. Once your solicitor has your documents and has advised you, the signed certificate is usually sent to your lender, broker or conveyancer the same day.
Independent legal advice starts from {price} per person. Your solicitor confirms the fixed fee on your free consultation, before any work starts.
Reviewed by Saba Rehman, Solicitor
SRA-regulated · Last reviewed 9 October 2026
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