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

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

    Hi

    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.

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

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  • Gordon999
    replied
    This guide says sdlt is exempt for your ex's situation after divorce :

    https://www.gov.uk/guidance/stamp-du...t-transactions

    Leave a comment:

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