stamp duty land tax payable? - couple divorcing

Postby honeybadger on Wed Sep 10, 2008 7:51 am

If the wife of a married couple holds a property in her sole name, and the couple are now divorcing, is stamp duty land tax payable if they transferred the property into his sole name? (assuming that there is no court order, and that the husband will have to arrange a new mortgage)
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Postby alphabeta on Fri Sep 12, 2008 6:43 am

A transfer of property made between the parties to a marriage as a result of an agreement between the spouses made in contemplation or in connection with the disolution of their marriage is exempt from SDLT.

Provided the wife transferred the property to husband in genuine contemplation of a divorce that transfer should be exempt from SDLT (eveni in the absence of a court order).
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Postby honeybadger on Fri Sep 12, 2008 7:16 am

Thanks alpha - greatly appreciated
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