Is LBTT payable on a transfer of title?

Sometimes. LBTT can apply where money changes hands or where the incoming owner takes on a share of the mortgage.

Conveyancing · Transfer of Title

Transfer of Title in Scotland

Q: Can I gift my house to my children?

Yes, but a gift can trigger capital gains tax, remains in your estate for inheritance tax for seven years, and can be challenged as deprivation of assets.

A transfer of title in Scotland changes who legally owns a property – adding a partner, removing a name, or passing property within a family. We handle it cleanly, with the tax flagged first.

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Fixed fees for most transfers

When you need one

Common transfers we handle

Adding a partner

Moving in together or getting married and want the home in both names – we transfer the title and update the mortgage lender’s security.

Removing a name after separation

One party keeping the home after divorce or separation – handled alongside your Minute of Agreement and the lender’s consent.

Family transfers and gifts

Passing property to children or between relatives – done properly, with the tax and care-cost implications explained honestly first.

Transfers from an estate

Moving inherited property into a beneficiary’s name as part of winding up an estate.

Small transaction, real consequences

A transfer of title looks like paperwork, but it changes legal ownership – and that touches your mortgage, LBTT, capital gains tax, and sometimes care-cost and inheritance planning. The disposition must be drafted and registered correctly with Registers of Scotland, and your lender must consent if there is a mortgage.

We tell you the full picture before you commit: what it costs, what tax applies, and whether the transfer actually achieves what you want. Sometimes the honest answer is that a will or a Minute of Agreement does the job better – and we will say so.

Common questions

Transfer of title FAQs

Sometimes. LBTT can apply where money changes hands or where the person taking on the title also takes on a share of the mortgage – the assumed debt counts as consideration. We calculate the position before you commit, so there are no surprises.

Yes, if the property is mortgaged. The lender must consent to any change of ownership, and removing a name usually means the remaining owner is reassessed for affordability. We handle the lender liaison as part of the transfer.

You can, but go in with your eyes open. A gift can trigger capital gains tax, stays in your estate for inheritance tax for seven years, and can be challenged as deprivation of assets if care costs arise later. We explain the honest position before you sign anything.

A straightforward transfer usually completes within a few weeks. Add a lender’s consent or a remortgage at the same time and it takes a little longer – we give you a realistic timeline at the start.

Change the deeds the right way

A fixed fee, the tax position upfront, and a transfer registered properly.