Quick answer Adding someone to your house deeds is a legal process called a transfer of equity. You keep your ownership and add the new person as a joint owner on the official title held by HM Land Registry. In England and Wales the transfer is made using form TR1, submitted with an application to change the register (form AP1) and identity verification (form ID1 or the digital equivalent). If the property has a mortgage you must get your lender’s consent first, and if it is leasehold you may need the freeholder’s consent. Stamp Duty Land Tax (SDLT) can apply — but only if the person you add takes on a share of the mortgage or pays you money. Most transfers complete in about 4 to 8 weeks. It is possible to do it yourself, but because ownership, mortgage and tax all interact, most people use a conveyancing solicitor.
Adding a partner, spouse, child or other family member to your property title is one of the most common reasons people transfer ownership without selling. This guide explains exactly how it works, the forms involved, when tax is due, what it costs, how long it takes, and the pitfalls that catch people out — particularly when adding a child or gifting a share.
This is general information, not legal or tax advice. Your own position depends on your relationship to the person, your mortgage, whether it is your main home, and your wider assets. Speak to a qualified conveyancer or solicitor before you proceed.
What does “adding someone to your house deeds” actually mean?
“The deeds” is everyday shorthand for the registered title — the official record of who owns a property, held electronically by HM Land Registry (HMLR). Adding someone to the deeds means changing that record so the new person becomes a legal co-owner.
The legal process for doing this is a transfer of equity: a change of ownership where at least one of the original owners stays on the title. Nothing is sold on the open market; only the ownership structure changes.
It helps to separate two ideas:
- Legal ownership — whose names appear on the registered title at HMLR. This is what “being on the deeds” means. There can be a maximum of four legal owners.
- Beneficial ownership — who is actually entitled to the value (the equity) and any sale proceeds. This can be split in any proportion, and is recorded in a declaration of trust where the shares are unequal.
You can add someone as a legal owner, give them a beneficial share, or both. For most people adding a spouse or family member, the aim is to make them a joint legal and beneficial owner — but the split you choose has real tax and practical consequences, covered below.
Related reading: What is a transfer of equity?
Why do people add someone to their property title?
Common reasons include:
- Marriage or civil partnership — merging ownership of a home one partner bought alone.
- Moving in together — an unmarried partner contributing to the mortgage or deposit wanting legal recognition of their share.
- Estate planning — a parent adding an adult child, often hoping to simplify inheritance (this is the area with the most tax traps — see below).
- Family support — a relative who has helped financially being given a formal share.
- Restructuring ownership — changing the shares between existing owners, or adding a co-owner for tax or income reasons.
The process is broadly the same in each case, but the tax treatment and the risks differ sharply depending on who you are adding and why.
Can you add anyone to your house deeds?
Usually yes, but with important limits:
- Maximum of four legal owners. If more than four people are to share ownership, only four can be named on the title; the rest hold their interest through a declaration of trust.
- A child under 18 cannot be a legal owner. In England and Wales a minor cannot hold a legal estate in land (Law of Property Act 1925, section 1(6)). You cannot simply “put the house in your young child’s name.” Instead, an adult holds the legal title on trust for the child until they turn 18. This is a frequent misunderstanding — see Adding a child to your deeds below.
- Mental capacity is required. Everyone joining or leaving the title must understand and consent to the transaction. Where someone lacks capacity, a valid Lasting Power of Attorney or Court of Protection order is needed.
- Everyone’s identity must be verified to HM Land Registry’s standard (see forms below). Parties living overseas face extra requirements.
The transfer of equity process, step by step
For a straightforward transfer to add a co-owner in England and Wales, the process runs like this:
- Check your ownership and mortgage. Your conveyancer obtains an official copy of the title from HM Land Registry and checks for a mortgage, restrictions or other interests.
- Agree the terms. Decide the ownership shares, whether any money changes hands, and how the property will be held (joint tenants or tenants in common).
- Get the mortgage lender’s consent (if there is a mortgage). The lender must agree to add the new owner to the title, and usually to the mortgage. This often runs as a small remortgage alongside the transfer.
- Get the freeholder’s consent (if leasehold). You may need a licence to assign or a deed of covenant, for which the freeholder or managing agent typically charges a fee.
- Prepare the transfer deed (form TR1). This is the legal document that actually transfers ownership into the joint names.
- Verify identity for everyone joining or leaving the title (form ID1 / digital ID — see below).
- Deal with Stamp Duty Land Tax. Submit an SDLT return and pay any tax due if there is chargeable consideration (see the tax section).
- Register the change at HM Land Registry using form AP1, with the TR1, any consents, ID evidence and the SDLT certificate. HMLR updates the register to show the new owners.
Related reading: What is a TR1 form? · What is an ID1 form?
Which Land Registry forms do you need?
| Form | What it does |
|---|---|
| TR1 | The transfer deed — transfers the whole registered title into the new joint names. This is the correct form for adding someone to the whole property. (Form TP1 is different: it is used to transfer only part of the land, such as splitting off a plot. Do not confuse the two.) |
| AP1 | The application to change the register — tells HM Land Registry to update the ownership record. |
| ID1 / ID5 | Identity verification. Anyone not represented by a conveyancer must verify their identity, usually via form ID1. Since HM Land Registry introduced its Digital Identity Standard, represented parties are typically verified by their conveyancer to that standard, with ID5 used to confirm a digital check. Overseas parties must still use ID1. |
| DS1 | Discharge of mortgage — only if an existing mortgage is being fully repaid as part of the transfer. |
| SDLT5 | The Stamp Duty Land Tax certificate issued once an SDLT return is filed, needed to register the transfer where a return was required. |
Do you need your mortgage lender’s consent to add someone?
Yes — if there is a mortgage, the lender’s consent is essential. You cannot add a new owner to a mortgaged property without it, because the mortgage is secured against the whole title.
In practice the lender will usually want the new owner added to the mortgage as well as the title, making them jointly responsible for repayments. The lender will assess affordability and may treat it as a small remortgage, which is why a solicitor is normally required to carry out the mortgage work alongside the transfer.
What if the lender says no? Options include repaying or remortgaging to a lender that will agree, transferring only the beneficial interest via a declaration of trust (which does not change the legal title or the mortgage), or waiting. Take advice before acting — transferring an interest without lender consent can breach your mortgage terms.
“Add name to house deeds but not mortgage”: you can sometimes give someone a beneficial share by declaration of trust without putting them on the mortgage, but you cannot add them as a legal owner of a mortgaged property without the lender’s agreement.
Leasehold property: freeholder consent and deed of covenant
If your home is a leasehold flat or house, the lease often requires you to notify the freeholder of a change of ownership and to obtain consent. The new owner may need to sign a deed of covenant agreeing to abide by the lease terms, and the freeholder or managing agent will usually charge a fee for consent and registration of the notice. Your conveyancer will check the lease and tell you what is required.
Related reading: Freehold vs leasehold explained
How will you own the property together? Joint tenants vs tenants in common
When you add someone, you must decide how the property is held. This is a crucial choice, not a technicality.
- Joint tenants. You own the whole together, in equal, undivided shares. If one owner dies, their share passes automatically to the surviving owner(s) by survivorship — it does not pass under their will. Common for married couples who want the survivor to inherit automatically.
- Tenants in common. Each owner holds a distinct share (equal or unequal, e.g. 70/30). Each share can be left by will. Preferred where owners contribute unequally, want to protect a specific share, or are planning for children from previous relationships. Unequal shares should be recorded in a declaration of trust.
The right choice depends on your relationship, contributions and estate-planning goals.
Related reading: What is a deed of trust in property?
The tax implications of adding someone to your deeds
This is where adding someone to the deeds becomes more than a form-filling exercise. Three taxes can be in play — Stamp Duty Land Tax, Capital Gains Tax and Inheritance Tax — plus care-fee rules. The figures below are as at July 2026 and should be verified at the time you proceed, because rates and thresholds change.
Stamp Duty Land Tax (SDLT)
SDLT is charged on the chargeable consideration — the value of anything the person receiving the share gives in return. On a transfer of equity that usually means:
- any cash payment, plus
- the share of the outstanding mortgage the new owner takes on.
If there is no mortgage and no cash (for example, gifting a half share to your spouse on an unmortgaged home), the chargeable consideration is nil and no SDLT is due.
How the mortgage share is calculated. If you add someone as a 50% owner of a home with a £200,000 mortgage, they take on £100,000 of debt — so the chargeable consideration is £100,000.
Current SDLT position (England & Northern Ireland; verify before relying on it):
- Standard residential rates from 1 April 2025: 0% up to £125,000, 2% on £125,001–£250,000, 5% on £250,001–£925,000, then higher bands above.
- The additional-property surcharge is now 5% (increased from 3% on 31 October 2024) and applies on top of standard rates, across the whole consideration, if the person being added already owns another residential property.
- An SDLT return is generally required whenever the chargeable consideration is £40,000 or more, even if no tax is actually payable.
- SDLT must normally be paid within 14 days of completion.
Worked examples:
| Scenario | Chargeable consideration | SDLT (as at July 2026 — verify) |
|---|---|---|
| Gift half of an unmortgaged home to your spouse, no cash | £0 | None; no return needed |
| Add partner as 50% owner; £300k home, £200k mortgage, no cash; it’s their only property | £100,000 (their mortgage share) | £0 (within £125k band) but an SDLT return is still required (≥£40k) |
| Same, but the incoming person already owns another property (and is not your spouse living with you) | £100,000 | 5% surcharge = £5,000 |
| Transfer to a spouse/civil partner as part of a court order or formal separation agreement | — | Exempt from SDLT |
Spouses and civil partners — the surcharge carve-out. Transfers between spouses or civil partners who are living together are not charged the 5% additional-property surcharge. Standard SDLT can still apply to any mortgage debt assumed, but the surcharge does not.
Divorce and separation. Transfers made under a court order or a formal written separation/divorce agreement are exempt from SDLT. Getting the paperwork right can avoid an unexpected bill — take legal advice before transferring.
Wales. SDLT does not apply in Wales. Property transfers there are subject to Land Transaction Tax (LTT), which has its own thresholds and rules — check current LTT rates on gov.wales.
Related reading: Everything you need to know about stamp duty
Capital Gains Tax (CGT)
CGT is a concern for the person giving away a share, not the person receiving it.
- Your main home is normally covered by Private Residence Relief, so gifting a share of the home you live in usually creates no CGT.
- Transfers between spouses/civil partners living together are treated as “no gain, no loss” — no CGT arises on the transfer itself.
- Gifting a share of a second home or buy-to-let, or gifting to someone other than a spouse, can trigger CGT for the giver, calculated as if you sold that share at market value — even though no money changed hands.
If the property is not your main residence, get CGT advice before you transfer.
Inheritance Tax (IHT) and gifting — including the “put the house in the children’s name” trap
Many people add an adult child to their deeds hoping to reduce Inheritance Tax. It can work, but there are two traps that catch families out:
- The 7-year rule. Giving away a share of your home is a Potentially Exempt Transfer. If you survive seven years, it normally falls outside your estate for IHT. Die within seven years and some or all of its value is counted back in.
- Gift with reservation of benefit. If you give a share away but carry on living in the property without paying a market rent to the new owner, HMRC can treat the gift as a “gift with reservation of benefit” — meaning the value stays in your estate for IHT regardless of the seven years. This is the single most common reason DIY “put it in the kids’ name” plans fail.
Adding a child to your deeds also exposes the property to their circumstances — divorce, bankruptcy or creditors — and can affect their own future Stamp Duty and first-time-buyer status. Get proper estate-planning advice before gifting your home.
Related reading: Capital gains tax on inherited property
Care home fees and “deliberate deprivation of assets”
Transferring your home to a family member to avoid future care fees can backfire. If a local authority decides you gave assets away mainly to avoid paying for care, it can treat you as still owning them under “deliberate deprivation of assets” rules — so the transfer achieves nothing and may create tax and family complications instead. Never transfer your home for this reason without specialist advice.
Thinking of adding someone to your deeds? A specialist conveyancer will handle the TR1, lender and freeholder consents, SDLT return and Land Registry registration, and flag the tax points before you commit. Get a fixed-fee transfer of equity quote.
Adding a child to your deeds: what to know first
Because this is such a common goal — and so often misunderstood — it deserves its own summary:
- Under 18: a child cannot be a legal owner. An adult holds the legal title on trust until they turn 18. You cannot “put the house in a young child’s name” directly.
- Adult child: they can be added as a legal co-owner, but consider the knock-on effects below.
- Mortgage: the lender must consent, and an adult child added to the mortgage becomes liable for it.
- Their circumstances become your property’s risk: a child’s divorce, debts or bankruptcy can put the shared home at risk.
- Their tax status: owning a share may mean they lose first-time-buyer stamp duty relief and pay the additional-property surcharge on a later purchase.
- IHT and care fees: watch the gift-with-reservation and deprivation-of-assets rules above.
Adding a spouse or partner
- Married / civil partners: transfers are CGT “no gain, no loss” and exempt from the SDLT surcharge while living together — usually the simplest case, though SDLT can still apply to mortgage debt assumed.
- Unmarried partners: no automatic legal protection comes from cohabiting; being added to the title (and, where shares are unequal, a declaration of trust) is how a partner’s contribution is formally protected. Tax is assessed as for any non-spouse transfer.
Adding a parent or other family member
Treated as a standard (non-spouse) transfer: CGT may apply to the giver if it is not their main home; SDLT applies to any mortgage share or cash; and the additional-property surcharge can apply if the incoming person already owns property. A declaration of trust is sensible to record who owns what.
How much does it cost to add someone to your house deeds?
Costs vary with your circumstances (mortgage, leasehold, tax) and should be confirmed with your conveyancer and against current gov.uk figures. As a guide:
| Cost | Typical basis (verify at time of instruction) |
|---|---|
| Conveyancer’s legal fee | A fixed fee for a straightforward transfer of equity, higher if a mortgage/remortgage or leasehold consent is involved. |
| HM Land Registry fee | A gift or transfer not for monetary consideration is charged under Scale 2, based on property value, and is reduced for applications lodged electronically. Where a share of a mortgage is taken on, the fee is assessed on that amount. Check the current fee at gov.uk. |
| Mortgage lender’s fee | Some lenders charge an administration or consent fee for a transfer of equity. |
| Freeholder / managing agent fee | For leasehold consent, licence to assign or deed of covenant. |
| Stamp Duty Land Tax | Only if there is chargeable consideration (mortgage share or cash) above the relevant threshold — see the tax section. |
| Identity verification | A fee may apply where ID1 verification is needed for an unrepresented or overseas party. |
Related reading: HM Land Registry fees and the ID1 form
How long does it take?
A straightforward transfer of equity usually completes in about 4 to 8 weeks. The main things that lengthen it are mortgage-lender consent (often the slowest step), leasehold freeholder consent, and current HM Land Registry processing times for updating the register after completion.
Can you add someone to the deeds yourself, or do you need a solicitor?
Legally, you can prepare and submit the forms yourself. In practice most people use a conveyancer because the mortgage, tax and ownership issues interact — a mistake on shares, lender consent, the SDLT return or a declaration of trust can be expensive to unwind. A conveyancer also handles identity verification to HM Land Registry’s standard and ensures the transfer registers cleanly the first time. Where the transfer involves a dispute (for example a separating couple), each party should take independent advice.
Risks and common mistakes to avoid
- Adding someone without the mortgage lender’s consent (a breach of mortgage terms).
- Assuming no stamp duty applies when a mortgage share is being taken on (a return may still be required at £40,000+).
- Believing you can put a home in a young child’s name as a legal owner (you cannot).
- Gifting a share but staying in the home rent-free and expecting it to leave your estate for IHT (gift with reservation of benefit).
- Transferring to dodge care fees (deliberate deprivation of assets).
- Failing to record unequal shares in a declaration of trust.
- Overlooking leasehold consent requirements.
Frequently asked questions
How do I add someone to my house deeds in the UK?
You complete a transfer of equity: a TR1 transfer deed puts the property into joint names, submitted to HM Land Registry with an AP1 application and identity verification. If there is a mortgage you need lender consent first, and stamp duty may apply if the person takes on mortgage debt or pays you. Most people use a conveyancer.
Can I add someone to my house deeds if I have a mortgage?
Yes, but only with your mortgage lender’s consent. The lender will usually add the new owner to the mortgage as well as the title and assess affordability, so it is often handled as a small remortgage.
Can I add a name to the deeds but not the mortgage?
You can sometimes give someone a beneficial share through a declaration of trust without adding them to the mortgage, but you cannot add them as a legal owner of a mortgaged property without the lender’s agreement.
How much does it cost to add someone to house deeds in the UK?
Expect a conveyancer’s legal fee plus an HM Land Registry fee (charged under Scale 2 for a gift, reduced for electronic applications), any lender or leasehold consent fees, and stamp duty if a mortgage share or payment is involved. Confirm exact figures with your conveyancer.
Do I pay stamp duty when adding my wife or husband to the deeds?
Only if they take on a share of the mortgage or pay you, and then only above the threshold. Transfers between spouses or civil partners living together are exempt from the 5% additional-property surcharge, though standard SDLT can still apply to mortgage debt assumed. An SDLT return is generally needed if the consideration is £40,000 or more.
Can I add my child to my house deeds?
An adult child can be added as a legal owner. A child under 18 cannot be a legal owner in England and Wales — an adult must hold the property on trust for them until they turn 18. Adding a child also has inheritance-tax, care-fee, mortgage and stamp-duty implications, so take advice first.
Can I put my house in my children’s name to avoid inheritance tax or care fees?
It can reduce inheritance tax if you survive seven years, but not if you keep living there rent-free (a gift with reservation of benefit). Transferring to avoid care fees can be treated as deliberate deprivation of assets and disregarded. Get specialist advice before doing either.
What forms do I need to add someone to my house deeds?
A TR1 transfer deed, an AP1 application to change the register, and identity verification (ID1 or the digital equivalent). A DS1 is needed if a mortgage is being discharged, and an SDLT5 certificate if a stamp duty return is required.
How long does it take to add someone to the deeds?
Usually 4 to 8 weeks, with mortgage-lender consent, leasehold consent and Land Registry processing times being the main factors.
Do I need a solicitor to add someone to my house deeds?
Not legally, but most people use one because the mortgage, tax and ownership issues interact and mistakes are costly to unwind. Where there is any dispute, each party should take independent advice.
Is this the same in Scotland and Northern Ireland?
No. This guide covers England and Wales. Scotland has a different property and registration system (and Land and Buildings Transaction Tax), and Northern Ireland has its own rules. Take local advice.
This article is general information about the law in England and Wales as at July 2026 and is not legal or tax advice. Rates, thresholds and rules change. Always obtain advice from a qualified conveyancer, solicitor or tax adviser about your own circumstances before transferring ownership of a property.
Ready to add someone to your deeds? My Conveyancing Specialist can handle the whole transfer of equity — TR1, lender and freeholder consents, the SDLT return and Land Registry registration — for a clear, fixed fee.
England & Wales · Last reviewed: July 2026