Stamp Duty payable on Transfer of Equity during separation

[Troubled]

I am separating from my partner, with whom I purchased a house, held as Joint Tenants. The value of the house is approx £900k, and the mortgage outstanding is approx £450k.

As my partner made no contribution to the bills or mortgage, I have agreed to pay her £35k in order to have her name removed from the title deeds, and from the mortgage.

How much stamp duty would I need to pay for this transfer of equity transaction?

[Peter D]

Stamp duty is based on actual remittance so £35K would not trigger that. However check with your mortgage provider that removing your partner off the mortgage does not trigger 1/2 the loan value being transferred thus SDLT. Regards Peter

[section 44]

I assume that the mortgage was in joint names such that you were both liable. By removing her name you are assuming her 'share' of the debt.

Stamp duty will be due on the aggregate of the cash (£35k) and half of the outstanding mortgage (£220k) i.e. stamp duty of £7.65k.