2nd Home SDLT - selling main residence but not on deed?

[tunatuna]

I currently live with partner and have done for several years. Mortgage is paid off but I am not on the deeds. We are not married. I have 7 years worth of contributions towards the mortgage, paid through a joint account.

I own a property that I rent out, but haven't lived there for 7 years. This property is mortgage free.

We plan to buy a new house and sell the house we are both currently living in.

Would 2nd home SDLT be payable on the new house?

If yes, could I put my name on the deeds for the house so I'd become joint owner, and then forfeit the 2nd rate?

Are there other options - for example declaration of trust?

[bd6759]

You will need to acquire a major interest in your current main residence. That is an interest that is valued at more than £40,000.

A declaration of trust is probably sufficient, but I’d be inclined to go for a deed of trust drawn up by a solicitor.