SDLT or Not?

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    SDLT or Not?

    Grateful if anyone can confirm if Stamp Duty is payable or not in the following situation:

    Husband and Wife Divorcing/Divorced - Court Order's Husband to transfer BTL property to Wife. Property is held Jointly 50/50. Outstanding Mortgage is £210k.

    Wife already owns other property.

    As this transfer is being done under Court Order, is there any SDLT to pay, and if so, how much would it be? Would the 'additional 3% be payable?

    Many thanks
    Claymore

    #2
    There is no consideration. It is a kind of a gift

    So I don't believe will involve SDLT if it were not for the mortgage -- which greatly complicates the position. So I dunno..... The problem is not so much the transfer of the property as the mortgage.

    Is the transfer before or after the actual dissolution of marriage - if before, I guess there would be no issue -- but what about CGT .... which is far more relevant and potentially costly if the party is not going to live there. If before dissolution the purchaser would I think have to backdate CGT to time of original purchase on both halves. If transfer is after marriage ends the person who "sells" half might owe CGT if that transfer is in exchange for some other cash exchanges elsewhere, else the receiving person will be left holding the CGT can.

    Comment


      #3
      Thanks Andrew - I just found a Government Link and it confirms there is no SDLT payable.

      https://www.gov.uk/guidance/sdlt-tra...il-partnership

      Comment

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