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Hi, I'm afraid your Solicitor is quite correct- you can't do any formal Transfer if you are both the Transferor and Transferee. ( a formal Transfer will be required so that the new build gets granted the adequate rights in respect of services/any right of way over the original dwelling's land if appropriate). I'm not sure if the property is in joint names, but if it is, the only thing you can do is for both of you to transfer the new build into just one party's name. I hope this assists and confirms the legal position to you. Kind Regards Al