Transfer of Equity: Adding or Removing a Name from the Title

Buying out a co-owner, adding a spouse, taking an ex-partner off the mortgage — how ownership changes are done properly.

A transfer of equity is the transfer of a share in a property between people who are not strangers to it — one co-owner buying out another, a sole owner adding a spouse or partner, or joint owners restructuring after separation. Because most Irish homes carry a mortgage, the transfer almost always travels with a remortgage: the lender must consent to the change, and in practice usually requires a fresh mortgage in the names of the continuing owner or owners.

The critical point people miss: taking someone off the title does not take them off the mortgage. Only the lender can release a borrower from the loan, and it will only do so if satisfied the remaining borrower can carry it alone — which is why the transfer and the remortgage are one transaction, not two.

The three moving parts

Every transfer of equity has up to three legal components moving together: the deed of transfer changing the ownership on the folio; the mortgage arrangements — a new loan, or formal release of the departing borrower; and the money — the payment for the outgoing party's share, often funded by the new mortgage itself.

Where the parties are separating spouses or civil partners, a fourth component enters: the family law framework. Transfers made under a court order or a ruled settlement follow the order's terms, and timing is coordinated with the family law solicitors. See our dedicated guide to remortgaging after separation.

Lender consent and the new mortgage

The lender's security is over the whole property and its covenant is against all borrowers. Adding an owner requires the new owner to join the mortgage; removing one requires the lender to release that borrower. Both are credit decisions: the continuing borrower is underwritten afresh, at current rates and criteria.

If the existing lender declines, a remortgage to a new lender that will approve the continuing borrower is the usual solution — the transfer of equity then completes simultaneously with the switch, with the new loan redeeming the old one and funding any buyout payment.

Valuing the share and independent advice

How much the outgoing party is paid is for the parties to agree — market value of the property less the mortgage, adjusted for contributions, or whatever the separation settlement provides. A current professional valuation anchors the discussion, and where the transfer is between separating parties each should have their own solicitor: one firm cannot properly act for both sides of a buyout where interests conflict.

Stamp duty and taxes — flagged, not advised

Transfers between spouses and civil partners are generally exempt from stamp duty, and transfers made on foot of certain family law orders carry their own reliefs. Transfers between unmarried co-owners or family members can attract stamp duty on the consideration or value of the share transferring, and capital gains and capital acquisitions tax questions can arise depending on the relationship and the numbers.

We do not advise on tax. We will identify that a tax question exists and complete the Revenue filings the conveyance requires, but the substantive advice on stamp duty reliefs, CGT and CAT belongs with your accountant or tax adviser, taken before the deed is signed, not after.

What the transaction looks like end to end

A typical buyout with remortgage runs: agreement on figures, loan offer to the continuing owner, title investigation, deed of transfer and new mortgage deed prepared, family home declarations and any consents, completion — with the new loan redeeming the old mortgage and paying the outgoing party — then registration of the transfer and new charge at Tailte Éireann. Allow the same timeline as a full remortgage, plus whatever time the parties need to agree figures.

Frequently asked questions

Can I just take my ex off the mortgage?

Not unilaterally. Only the lender can release a borrower, and it will require evidence the remaining borrower qualifies for the loan alone — in practice a new application, and often a full remortgage.

Does adding my spouse to the deeds cost stamp duty?

Transfers between spouses and civil partners are generally exempt from stamp duty. Confirm the tax position for your specific circumstances with your accountant or Revenue — we do not advise on tax.

Do we each need our own solicitor?

Where interests conflict — a buyout between separating parties — yes, each side should be independently advised. Where spouses are simply adding a name with no money changing hands, one solicitor can often act, with the lender's requirements observed.

What if the person leaving will not sign?

A transfer needs the owner's signature or a court order. In separation cases the family law process can produce orders directing the transfer; outside that context, negotiation or partition proceedings are the routes. Take advice early.

Can the buyout price come from the new mortgage?

Yes — funding the payment to the outgoing co-owner is one of the most common purposes of the accompanying remortgage, subject to the lender's loan-to-value and affordability limits.

Talk to a remortgage solicitor

Mary Molloy Solicitors acts for homeowners and property owners across Ireland on remortgages, switches, top-ups and transfers of equity. All enquiries are handled through our Dublin office.

This page contains general information about Irish law and practice. It is not legal advice, it may not reflect your circumstances, and reading it does not create a solicitor–client relationship with Mary Molloy Solicitors. We do not advise on taxation; please speak to your accountant or Revenue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.