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Where Taxpayers and Advisers Meet

Property and divorce

Sandra642
Posts:5
Joined:Wed Mar 07, 2018 11:32 pm
Property and divorce

Postby Sandra642 » Thu Mar 08, 2018 7:46 pm

My husband and I separated 10 years ago and we are only now going through the formal divorce and financial settlement process.

The matrimonial home was sold and we each purchased a new house. We retained a 50% share each in a BTL property. It is now proposed that, as a financial settlement, a property adjustment order in regard to the BTL property would be made in my favour.

A). Would I be exempt from the additional 3% stamp duty on the new 50% share, bearing in mind it is an investment property, not the former matrimonial home?

B) If the property is transferred into my name when would cgt become duty on the 50% that is transferred, eg on the date the transfer is made? Would this liability fall to me or to my husband?

C) the BTL property Is currently jointly mortgaged. Would it be possible to retain the current mortgage or would this need to be redeemed and a new mortgage taken out (the current mortgage is an exceptionally low %age interest rate)

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