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

  • Filter
  • Time
  • Show
Clear All
new posts

    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.


      Latest Activity


      • New terms (overage) after contracts issued

        I'm not sure if I'm positing this in the correct category.

        ​​​​ I'm in the middle of a residential property purchase. It's been 4 months since my offer was accepted.

        I've spent around £2000 on fees etc so far.

        Out of nowhere, the seller...
        19-08-2018, 19:54 PM
      • Reply to New terms (overage) after contracts issued
        They should certainly have disclosed at the outset that they want an overage. It is unusual on an arm's length residential sale. If you are getting a mortgage it will almost certainly be opposed by the lender.

        Unfortunately I cannot see a way for you to claim your legal and other costs...
        19-08-2018, 20:43 PM
      • covenants
        I have an agreement in writing, after making a payment, to extinguish a restrictive covenant. I tried to do this myself with the LR and they rejected my application. They said I need a legal deed of agreement. I have done other legal things myself such as filling in the TP1 for example. I asked for...
        17-08-2018, 11:08 AM
      • Reply to covenants
        An instrument releasing a covenant needs to be made by deed. It also of course has to have the right words in it. You should also note that a release may not necessarily be effective to extinguish the covenant. To get the covenant removed from your title you need to satisfy the LR that it has been executed...
        17-08-2018, 21:06 PM
      • Highways mistake?
        26-07-2018, 07:54 AM
      • Reply to Highways mistake?
        Hi WFD, thanks for reply. Unfortunately Jubilee Owner lives abroad and I know wouldn't be interested. Another local extinguishment order just took 12 months.
        You can see on the plan that the triangle abuts the narrow street on one side. on the inner side is a ten foot wall which abuts the cemetery...
        08-08-2018, 10:49 AM
      • Car parking query
        Our 12 flats are leasehold with each owning an equal share of freehold and an allocated car park space. Over the years, some owners have 'swapped' parking spaces (by private arrangement rather than officially). In addition, the original plans on the leases show an arrangement of spaces that is physically...
        15-06-2018, 18:51 PM
      • Reply to Car parking query
        There is another practical reason why this needs to be sorted out.

        Those of us who like to drive new cars will in all probability have bought their last petrol or diesel car. Everything I have test driven recently is either hybrid or pure electric (not sure if I can justify the model X...
        07-08-2018, 20:33 PM
      • Lender Insolvent - Help
        Bengt Lagander
        How do you remove a insolvent lender 1st legal charge registered at LR. The lebder is small limited company insolvent for 5 years. No staff. And no reply.

        Any ideas?
        25-06-2018, 17:14 PM
      • Reply to Lender Insolvent - Help
        The reality is that the assets of this insolvent lender (such assets including your house!) will have been transferred by the insolvency practitioner to another party. 5 years is a long time however. Have you _really_ not had contact or repayment requests in that period of time?

        Or are...
        07-08-2018, 20:27 PM