Transfer of Title — Scotland

Transfer of Title

What is a transfer of title?

A Transfer of Title involves changing the legal ownership of a property from one person to another. There are many reasons why you may want to change your transfer of title deed, including:

• removing a name from the property deed if you are going through a divorce or a relationship breakdown
• adding a new owner to the property deed if you have married or remarried
• transferring ownership of the property to another person completely, for example, to another family member or spouse
• when planning your estate

A transfer of deeds solicitor is required for gift transfers, such as those between relatives. When gifting property, there should be no outstanding loans unless you can repay them at settlement before a transfer of title can occur.

Do I Need a Solicitor?

Why do I need a solicitor for a transfer of title?

Transferring a title to another person, or adding or removing a name in a deed, can result in huge changes for the people involved. Therefore, we think it is important that you choose the correct legal advice providers to suit your needs. It can be a complicated process with possible tax implications involved.

This is where we help. We take the hassle out of the legal side of things so that you don’t have to worry about it. Our dedicated team is ready to discuss the process with you.

Contact Watermans today.

How Long?

How long does a transfer of title take?

Generally, Title transfers take about 4–6 weeks to finalise. However, every situation is different, and depending on the circumstances and details, the process may take longer.

What does the transfer of title process entail?

Initial Consultation and Advice

The procedure begins by consulting with property transfer solicitors. Utilising our legal knowledge, we’ll assess your specific situation, explain legal requirements, and provide tailored advice on the next steps. Our solicitors will also examine the land or review the title deeds to confirm any existing mortgage lender agreements that may need attention during the transfer.

Agreement on Terms

Should there be more than one property owner or parties involved, all must agree to the transfer through written consent. If the property is mortgaged, the mortgage lenders’ consent is also required.

Preparing Legal Documents

Your solicitor will prepare the transfer deed and any other legal documents required. These outline ownership changes and ensure compliance with Scottish property law.

For property with outstanding loans, agreements must be made to either pay off the balance or transfer the mortgage to a different lender or the new owner.

Registration With Registers of Scotland

After all parties have signed the necessary documents, they’re submitted to the Registers of Scotland. The land register is then updated to reflect the new ownership, officially completing the process.

Why Watermans?

Why should I choose Watermans as my solicitor?

At Watermans, our team has helped many clients complete title transfers by offering clear and expert legal advice.

We understand that a transfer of title can seem like a daunting task, and depending on the circumstances, it could be an emotional time for you, too.

We are here to help.