Transfers of Property

Property may need to be transferred from one person to another for many reasons. This can include transfers between spouses or partners, transfers between family members, gifts of property, transfers following separation or divorce, or changes in the way a property is owned.

A property transfer can involve more than simply changing the name on the title. Depending on the circumstances, there may be mortgage, tax, family law or other legal issues which need to be considered before the transfer takes place.

Our conveyancing solicitors can advise on the legal requirements, prepare the necessary documentation and deal with registration of the change in ownership.

Transferring property between family members

Property is sometimes transferred between parents and children or other family members, either as a gift or as part of wider family or estate planning arrangements.

Before proceeding, it is important to consider the legal and tax consequences of the proposed transfer. Depending on the circumstances, issues relating to Capital Acquisitions Tax, Capital Gains Tax and stamp duty may need to be considered.

We can advise on the property law aspects of the transfer and, where necessary, work with your tax adviser or accountant in relation to any tax implications.

Transfers between spouses and partners

There are various circumstances in which spouses or partners may wish to change the ownership of their home or another property, including transferring a property into joint names or transferring one person’s interest to the other.

The appropriate documentation and legal consequences will depend on the existing ownership, whether there is a mortgage over the property and the reason for the proposed transfer.

We can advise on the conveyancing requirements and prepare the documentation necessary to give effect to the transfer.

Property transfers following separation or divorce

The ownership of the family home or other property may need to be changed following a separation or divorce.

A transfer may arise under the terms of a separation agreement or as a result of a court order. It is important that the conveyancing documents accurately give effect to the agreement or order and that any mortgage or lender requirements are also addressed.

As a firm with an established family law and conveyancing practice, we can deal with the property transfer alongside the wider legal issues arising from a separation or divorce.

Transferring a property with a mortgage

If there is a mortgage over the property, the lender’s involvement may be required before ownership can be changed.

Depending on the circumstances, this may involve obtaining the lender’s consent, changing the borrowers under the existing arrangements or putting new mortgage arrangements in place.

We can liaise with the lender and advise on the legal steps required as part of the transfer.

Registration of the transfer

Once the necessary documentation has been completed, the change in ownership will generally need to be registered with Tailte Éireann.

We will prepare the conveyancing documentation, deal with the completion of the transfer and attend to the registration of the new ownership.

Solicitors for transfers of property

If you are considering transferring a house, apartment or other property to a spouse, partner or family member, or need to transfer property following a separation or divorce, contact O’Connor & Bergin Solicitors.

We can advise you on the legal requirements and identify any mortgage, tax or related legal issues that should be considered before the transfer takes place.