Giving Property to Spouse (under court consent order - Divorce)

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    Giving Property to Spouse (under court consent order - Divorce)


    We have several properties which all of my equitable interest is to be given to my spouse.

    On the jointly owned properties, this is a straightforward transfer of equity and no SDLT has been payable.

    Now, we seem to have hit a problem. One of the properties is in my sole name and there is a mortgage on the property of £180k (property value is around £360k).

    We understand from the accountant there is no CGT to pay between husband and wife, but if my spouse has to raise a mortgage, so that I am released from the property - would SDLT be payable? And just to repeat the heading above, the equity is being given to spouse as per Court Consent Order.

    Many thanks.

    This guide says sdlt is exempt for your ex's situation after divorce :


      Thank you. I had looked at some guidance pages on the site but hadn't seen this. Yes, it certainly looks the way. Many thanks.


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