Transferring ownership of a property is a significant legal process that requires expert guidance to ensure everything is handled correctly and efficiently. At Gibson Kerr, our property solicitors in Edinburgh and across Scotland have extensive experience in dealing with a wide variety of property transfer cases. Whether you’re transferring property between family members, as part of a divorce or separation, or for estate planning purposes, we’re here to support you every step of the way.
We understand that property transfers often occur at important life moments – some joyful, others more difficult. Our approach is sensitive, clear, and thorough, helping you to navigate the legal steps involved with confidence and peace of mind.
What is a Property Transfer?
A property transfer (also called a transfer of title or transfer of ownership) is a legal process where the ownership of a property is moved from one person to another. This may involve a full transfer or a partial one, where someone is added or removed from the title deeds.
Transfers can happen in a number of circumstances and are not always related to the sale of a property. Common scenarios include:
- Between spouses or partners following marriage, divorce, or separation
- Between parents and children for estate planning or tax purposes
- As a gift of property to a family member
- On death, as part of an inheritance
- Where property is jointly owned and one party buys out the other’s share
- For restructuring ownership within a business or trust
Each situation brings its own legal requirements, and we will ensure that your transfer is completed in line with the current property laws and taxation rules in Scotland.
Transfers Following Relationship Changes
One of the most common reasons for transferring property is following a separation, divorce, or dissolution of a civil partnership. If property was jointly owned, the title may need to be amended to reflect the new ownership arrangement. Our solicitors can work with you (or in collaboration with your family lawyer) to make sure the transfer reflects any financial settlement or court agreement.
Similarly, couples may wish to transfer property into joint names after marriage or cohabitation. We can provide advice on how to structure ownership fairly and in a way that protects your individual contributions, including preparing Minutes of Agreement if necessary.
Gifting Property or Transferring to Family
Parents often choose to gift property to children either during their lifetime or as part of an inheritance strategy. These transfers can have implications for capital gains tax, inheritance tax, and potential care costs, so it’s essential to receive tailored legal advice before proceeding.
We’ll talk you through your options, help you understand the potential risks and benefits, and manage the full legal process for you – from drafting the disposition to registering the new title with Registers of Scotland.
Our Property Transfer Service
At Gibson Kerr, we will:
- Advise on the best legal approach for your circumstances
- Handle all legal documentation, including the disposition and LBTT forms
- Communicate with lenders if there is an existing mortgage
- Ensure the transfer is properly registered with Registers of Scotland
- Coordinate with any other parties involved, such as other solicitors or family members
We’ll keep you informed at every step, ensuring the process is smooth, cost-effective, and handled with care.
Speak to Our Property Solicitors
If you’re considering a property transfer in Scotland, whether for personal, financial, or legal reasons, our team is here to help. We’ll make sure your transfer is done correctly and with minimal stress.
Contact Gibson Kerr today to speak to a solicitor about your situation. We offer expert legal advice and a friendly, professional service you can rely on.