Remortgaging: How title amendments can affect property ownership

Introduction

Remortgaging is a common financial decision for homeowners looking to secure a better mortgage rate, release equity, or consolidate debt. However, if changes to property ownership are involved, such as adding or removing a name from the title, the legal process becomes more complex. Property title amendments can significantly impact ownership rights, mortgage obligations, and even tax liabilities.

Understanding the legal process for remortgaging and how mortgage title changes affect ownership is crucial before making any modifications. This guide explores how remortgaging and changing property ownership intersect, the potential implications, and how to navigate the process smoothly.

What is remortgaging?

Remortgaging involves switching to a new mortgage deal, either with your current lender or a different provider. Common reasons for remortgaging include:

• Securing a lower interest rate.
• Releasing equity from the property.
• Switching to a fixed or variable mortgage rate.
• Paying off debts by consolidating them into a new mortgage.
• Changing the terms of an existing mortgage agreement.

If property ownership transfer or property title amendments are required during remortgaging, additional legal steps are involved.

When do you need a property title amendment?

A property title amendment is required when there is a change in legal ownership. Situations where changing property ownership is necessary during remortgaging include:

• Adding a spouse or partner – If you want to include your spouse or partner on the property title, a transfer of equity is needed.
• Divorce or separation – If one owner is leaving, their name must be removed from both the mortgage and the title.
• Inheritance – If a property is inherited and remortgaged, the title must reflect the new ownership structure.
• Investment purposes – If a property is transferred into a business or trust, ownership details must be updated.

The legal process for remortgaging with a title amendment

When remortgaging and making property title amendments, the legal process typically follows these steps:

1. Check mortgage lender’s requirements – Not all lenders allow title changes during remortgaging.
2. Instruct a conveyancing solicitor – A solicitor will handle the legal work, including drafting documents and registering changes with the Land Registry.
3. Obtain mortgage lender consent – The lender must approve the title amendment before issuing a new mortgage offer.
4. Complete a transfer of equity (if applicable) – If a co-owner is being added or removed, a transfer of equity form is required.
5. Sign a new mortgage deed – Once approved, all parties must sign a new mortgage agreement.
6. Register changes with HM Land Registry – The solicitor will update the property’s title records.

How mortgage title changes affect ownership and liability

Changing property ownership during remortgaging has legal and financial consequences. Key considerations include:

• Joint and several liability – If multiple people are named on the mortgage, each is legally responsible for repayments.
• Stamp Duty Land Tax (SDLT) – If a new co-owner is added and takes on a share of the mortgage, SDLT may be payable.
• Capital Gains Tax (CGT) – If a property is transferred for investment purposes, CGT implications should be reviewed.
• Lender affordability checks – A new co-owner must pass affordability and credit checks.

Case scenario: A couple navigating remortgaging and title amendments

Sarah and James decided to remortgage their home to secure a lower interest rate. Since they originally purchased the property in James’s name, they also wanted to add Sarah to the title.

Their solicitor guided them through the transfer of equity process while ensuring the mortgage lender approved the change. Since Sarah was taking on a share of the mortgage, they also reviewed potential Stamp Duty Land Tax (SDLT) liabilities. After completing the legal work, their new mortgage was finalised.

How to ensure a smooth remortgaging and title amendment process

• Work with an experienced solicitor – A property solicitor ensures all legal aspects are handled correctly.
• Check your lender’s policies – Some lenders have restrictions on title changes.
• Budget for additional costs – Legal fees, Stamp Duty Land Tax, and other charges may apply.
• Gather necessary documents early – Having proof of identity, mortgage statements, and title deeds ready can speed up the process.
• Review tax implications – Consult an accountant for tax liabilities.

Final thoughts

Remortgaging provides financial flexibility, but if property title amendments are involved, the legal process becomes more complex. Seeking expert guidance from a solicitor ensures your mortgage title changes are processed correctly.

For professional assistance, visit our Residential Property Solicitors page.

For more information, visit the UK Government’s guide on Land Registry Title Amendments.

Home Finance Solicitors

Our Residential Property team comprises seasoned experts dedicated to providing top-tier legal services tailored to your homeownership needs. With extensive experience in handling a wide range of residential property transactions, including remortgaging and transfer of equity matters, our team is equipped to support clients in every aspect of property law.

Contact us for more information.

This article was produced on the 4th September 2025 for information purposes only and should not be construed or relied upon as specific legal advice.