Are you looking to transfer equity in your home? What do you need to know

A transfer of equity is used when you change the ownership of your property or the shares in which it is owned, without the property being sold.

These are commonly used during major life events, such as marriage, separation, inheritance planning and changes in financial arrangements.

Whether you’re adding a new co-owner or removing one, you must understand how an equity transfer works before you make any changes to your home’s ownership.

Our Supervising Department Director, Erin Cronin, investigates.

Why are equity transfers needed for residential properties?

Residential homeowners may choose to transfer equity for many reasons, but one of the most common is due to a relationship breakdown.

Following a divorce or separation, one party may buy out the other’s share or ownership may be adjusted as part of a financial settlement.

Equity transfers are also used when couples marry or enter a civil partnership and wish to add their spouse to the property title.

For parents who have helped their child purchase a property, they may later want to formalise their contribution and protect their investment by transferring equity.

Equity transfers can also be used for inheritance and estate planning, including gifting part of a property to family members.

How do you transfer equity?

When you want to transfer equity, a solicitor will prepare a transfer deed to reflect the change in ownership and ensure it is properly executed.

If the property has a mortgage, the lender’s consent is required and they may want to assess the affordability and risk for any new or remaining owners.

Once these documents are complete, the change must be registered with HM Land and Registry so that the legal title is updated to the new ownership structure.

Depending on the circumstances, Stamp Duty Land Tax (SDLT) may also be payable, particularly where a mortgage is involved.

If the property is not your main residence or you are transferring equity to someone other than a spouse or civil partner, Capital Gains Tax can arise.

What are your rights after equity is transferred?

Transferring equity does not automatically remove your right to live in the property.

Occupation rights can be protected through legal agreements such as a declaration of trust, a cohabitation agreement or a tenancy agreement.

If you give away a share of your home but continue to live there, you may still have practical rights of occupation.

However, your legal control over decisions such as selling or remortgaging the house may be reduced.

Gifting equity can reduce the value of your estate, but continuing to live in the property without paying market rent may mean the gift is still treated as part of your estate.

How can we help?

Equity transfers are not straightforward and they often involve property law, tax considerations, mortgage requirements and estate planning concerns.

When considering transferring equity, you must seek the support of a solicitor so that your transfer is prepared compliantly to avoid any unexpected tax liabilities and protect your rights.

If you are intending to transfer equity and need legal representation or advice, please contact us today.

Businesses often spend months choosing the right name and logo that reflects their brand and appeals to customers.

If a competitor starts using a similar name or logo, it can leave your customers confused or even damage your brand due to the associations.

One of the most effective ways to protect your business’s trademark is through enforcement.

Our Supervising Director, Luke Morgan, explains how to protect your trademark and why enforcement is needed.

What is a trademark?

A trademark is a form of IP that protects a unique sign used to distinguish your goods or services from those of others.

These can include business names, logos, slogans, sounds or a combination of them.

In the UK, trademarks do not arise automatically and must be registered with the UK Intellectual Property Office (UKIPO).

UK trademarks must also be registered within one or more of the 45 different categories of goods and services.

Why do I need a trademark?

Registering your business name or logo helps prevent others from using the same or a confusingly similar name in your sector.

Without a registered trademark, another business could form a similar brand and potentially damage your reputation.

A word mark can offer greater protection for a trademark as it is your business name in plain text and covers the use of the name in any style or format.

Logos can also be registered, either on their own or alongside your name and this is beneficial if your design is distinctive.

Why is trademark enforcement needed?

When you spot any unauthorised use of your brand, trademark enforcement can help you protect your IP rights.

In the UK, enforcement usually relies on rights under the Trade Marks Act 1994 or the common law action of passing off if no registration exists.

A registered trademark gives you exclusive rights to use your sign for the goods and services covered and makes infringement easier to prove.

If you do not have registered rights, protection can often be enforced through passing off, but this requires more evidence.

You must prove that you have goodwill and that there has been misrepresentation or damage. However, this process can be time-consuming and often makes claims more difficult.

What should you do if you think infringement has occurred?

Under the Trade Marks Act 1994, infringement usually occurs when a sign identical or similar to your own has been used in the course of trade.

If this is used in relation to similar or identical goods or services to your own, it may leave your clients confused or even damage your brand or reputation.

If you think someone has infringed your trademark, you must gather sufficient evidence.

This can include dated screenshots of infringing websites, listings, adverts or social media posts or physical evidence such as packaging or products.

Businesses must know their rights so that they can identify the relevant registrations, filing dates, classes and any goodwill they have built.

If you are unsure of your rights or whether there is evidence of harm, you must seek legal support.

Once an infringement is clear, you must choose the right enforcement strategy. Some situations will call for early informal contact, but others will justify a formal cease and desist letter or platform takedown.

You must take care to avoid unjustified threats, as UK law places restrictions on infringement threats in certain circumstances, such as if no relevant IP right exists.

How can we help?

Many disputes are resolved through a cease-and-desist letter that clearly sets out your rights and proposes a solution, such as rebranding within a set timeframe or providing undertakings.

Online platforms and marketplaces are also more likely to act quickly where a registered trademark is involved.

If infringement continues, then negotiation or legal proceedings may be necessary and you should seek the right professional help.

Our expert team can help you protect your IP rights and trademark and take action on your behalf if a dispute arises.

To learn more about how to protect your brand or IP rights, contact our Intellectual Property team today.

The Autumn Budget 2025 has introduced further reforms to Agricultural Property Relief (APR) and Business Property Relief (BPR), which will affect many working individuals and business owners.

However, in a surprising announcement, Chancellor Rachel Reeves has now increased the proposed threshold to £2.5 million, with the changes due to take effect on 6 April.

Despite this welcome increase, there will still be additional tax liabilities, especially where assets have been passed down through generations.

Our Supervising Department Director, Donna Smy, explains how the Autumn Budget will affect your Will and estate planning.

What are the main reforms?

One of the most debated aspects of the recent Autumn Budget was the decision not to revise the thresholds that were originally announced in the 2024 Budget.

The 2024 Budget announced assets that currently qualify for 100 per cent APR or BPR relief would be reduced to 50 per cent relief on values that exceed a £1 million allowance.

Following the recent announcement, couples will now be able to pass on up to £5 million of agricultural or business assets between them, on top of the existing allowances such as the nil-rate and residence nil-rate band.

Farmers, business owners, investors and anyone relying on these reliefs are amongst those targeted and understanding how it affects your estate planning is important.

In addition, Alternative Investment Market (AIM) shares will see their BPR reduced from 100 per cent to 50 per cent, affecting long-term investments and succession planning.

How should you prepare your finances for the reforms?

Many existing estate plans may have not accounted for fiscal drag or the challenges faced by asset-rich, cash-poor estates, such as family farms and businesses.

While lifetime gifting has traditionally been an important part of succession planning, there is now alternate approaches on how to manage IHT liabilities.

Careful estate planning remains crucial with further IHT reforms expected, including the inclusion of unspent pension pots.

These changes may mean that:

• Existing Wills no longer reflect current policies
• Lifetime gifting plans need to be reviewed
• Families may require greater liquidity to fund future IHT bills
• Trusts needing to reassess the 10-year IHT charges and exit charges on distributions

Families dealing with incapacity or outdated Wills may have challenges updating their affairs in time before April 2026.

Seeking early professional advice can help assess what the new reforms and policies mean and how they will affect your estate and assets.

Why is financial planning needed?

With less than four months before the rules take effect, many individuals may struggle to review their Wills or consider lifetime gifting in time.

Protecting your family’s wealth is important and our specialist team can help assess how the new APR and BPR limits will affect you.

Taking early action is important to giving you the best chance of reducing inheritance tax and preserving your assets.

If you require advice on how to pass your estate on as efficiently as possible, contact our Wills, trusts and probate team.

Experiencing racial discrimination at work can be deeply upsetting and damaging to your wellbeing and career.

It is important to know that racist behaviour in the workplace is unlawful, regardless of whether it comes from an employer or a colleague.

You have the right to work in an environment that is safe and respectful. We can help you understand your rights and how to address a situation when you have faced discrimination.

Our Associate Solicitor, Kristie Willis, explains what the right steps are when you have experienced racial discrimination.

What is racial discrimination in the workplace?

Under the Equality Act 2010, race is a protected characteristic and it is illegal to discriminate against someone due to their race, colour, nationality and ethnic or national origins.

Racial discrimination is not always direct and can be indirect, where workplace policies and practices disadvantage certain racial groups.

Other forms can include racial harassment, such as offensive comments or behaviour and victimisation, where you are treated unfairly because you raised concerns about discrimination.

Examples of racist behaviour include:

• Being called racist names
• Being subject to racist ‘jokes’ or ‘banter’
• Receiving offensive messages on social media
• Being denied opportunities and benefits
• Not receiving the same level of support as colleagues
• Discrimination at any stage of employment
• Bullying on the basis of race

Even behaviour passed off as humour can be unlawful if it creates an intimidating or hostile work environment.

If you notice behaviour that feels unfair or discriminatory, it is important to take it seriously.

Keeping a written record of what happened, when it happened and who was involved can be extremely helpful if you later need to raise a complaint or seek legal advice.

What steps should you take if you have experienced discrimination?

In some situations, raising your concern with your manager or HR department can help resolve the issue.

Most employers have policies and procedures in place to deal with discrimination and harassment.

These often include a formal grievance process or confidential reporting channels, although many employees prefer to raise concerns informally initially.

It is important to follow these procedures carefully and keep copies of any correspondence or documents you submit.

Employers are expected to take a zero-tolerance approach to racial discrimination and investigate any complaints promptly and fairly.

If internal procedures fail to address the discrimination, you may wish to explore mediation or seek legal advice.

Mediation can sometimes help both sides reach an agreement with the support of a neutral third party.

For more serious cases, you may consider an Employment Tribunal claim, but these time limits are very strict.

You can claim within three months from when the discriminatory act occurred, although you must undertake ACAS Early Conciliation which will extend the time frame to pursue a claim. Seeking early support is crucial due to the short deadlines.

How can we help?

No one should have to tolerate racial discrimination at work and acting early and keeping clear records can help you take control of the situation.

Informal resolution may be appropriate in some cases, but we can help provide you with clarity and protection if the matter needs to be taken further.

We can advise you on your case and guide you through the grievance procedures, negotiations or tribunal claims.

We can also communicate with your employer on your behalf to help take some of the legal weight off your shoulders.

To learn more about how to protect your rights when experiencing discrimination, contact our Employment Law team today.