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Stamp duty query

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  • Stamp duty query

    I have recently divorced and my ex and I own a property outright together. The value is £138,000. I am paying him £50,000 to buy him out and getting a mortgage for £84,000. He has agreed to all of this. My solicitor has told me I must pay £1565 in stamp duty due to the transfer of equity. Is this right? I thought the threshold is £250,000?
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  • #2
    From the government website - https://www.gov.uk/guidance/sdlt-tra...nd-or-property

    "If you transfer property because of divorce, separation or the end of a civil partnership You do not pay Stamp Duty Land Tax if you transfer an interest in land or property to your partner as part of an agreement or court order because you're either:

    divorcing
    dissolving a civil partnership
    This also applies if the partners either:

    annul their marriage
    legally separate
    In these cases there's no need to tell HMRC about the transfer, even if the value is more than the Stamp Duty Land Tax threshold."
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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