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Stamp duty when transferring a property due to divorce?

5 replies

Noregrets78 · 21/03/2014 13:04

Just had a scary conversation with conveyancer - she mentioned there would be stamp duty to pay if the consideration (i.e. how much I'm paying for his share) plus half of the mortgage outstanding on the house was more than 125k.

I think I'm just over the threshold but don't really understand. When i've googled it, HMRC website seems to say no stamp duty to pay when divorcing. But surely a fully qualified conveyancing solicitor wouldn't be wrong...

We're already divorced, but have just got the sealed consent order through.

Does anyone know if I might have to pay stamp duty?

OP posts:
mumblechum1 · 21/03/2014 13:44

Unless the law has changed since I was a divorce lawyer, you don't have to pay.

Chasingsquirrels · 21/03/2014 14:04

www.hmrc.gov.uk/sdlt/calculate/transfer-ownership.htm#2

Chasingsquirrels · 21/03/2014 14:05

Oh, I see you already googled HMRC info

Collaborate · 21/03/2014 20:15

No stamp duty is payable when the transfer is to effect a court order on divorce.

Noregrets78 · 21/03/2014 21:46

Thanks everyone. I shall stop stressing, but keep an eye on my conveyancing solicitor if they can't get this basic fact right!

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