Is stamp duty payable when non-married couple split up

[EssexMummy123456]

I've had conflicting advice from two solicitors on this, but the situation is I'm splitting up with my partner - not married, he is taking over the mortgage, paying me a cash sum and I am transferring my equity to him. One solicitor has said stamp duty is payable - by adding together the cash sum and the mortgage - and the gov website seems to support this.

Another solicitor has said that isn't the case and its not payable, because a) we are a couple splitting up and b) it would only be due on the cash sum / equity gained which would be below the threshold anyway.

Can anyone clarify or should I speak to the land registry?

Stamp duty might be payable, depending on whether it's under the threshold or not, but the fact you're a couple splitting up makes not a jot of difference.

It's not payable by you anyway. The person taking the property has to pay it, so I'm not sure why you're worried about this.

Because it seems unfair that I'm whacking him with an extra charge i guess. Collaborate do you think the stamp duty calculation is based on the cash transfer plus the amount of the mortgage being transferred?

I do know that if there is no mortgage then couples, married or not, who move a property in one name into two are not subject to stamp duty but where there is a mortgage they are but I am not sure if the boyfriend here pays stamp duty just on the mortgage value part or whether that makes it all subject to stamp duty.

(If he is under the threshold then you both won't need to worry but you do want yourself off the property deeds and mortgage so you can buy elsewhere without paying any extra stamp duty etc.) I suspect if the toal value is over the stmp duty level then the first solicitor and the gov website is right and SDLT will be payable. and he will not benefit from a first time buyer exemption I suspect either but it may be worth paying a stamp duty tax expert if there is a lot of money at stake as some of the new rules are very complicated. I am assuming this is in England as Scotland and even Wales now have their own land taxes, not SDLT.

Stamp duty is payable on the sum he is paying to you plus half the mortgage. If that is over £125,000 then SD is payable. Don’t feel guilty about him having to pay it. The alternative is it’s sold and no one pays SD. I can’t imagine him contributing to any costs you have to pay such as stamp duty if you now go and buy a new home.

Many thanks both.

Just seen this. It was some years ago about 14 I think but I paid my ex a lump sum and he transferred the house into my sole name. We'd had a joint mortgage and I took one out then in my sole name. The house was over the stamp duty threshold but I didn't pay stamp duty

Coll's post above looks very helpful and accurate (also stamp duty land tax rules keep changing so always double check. It is getting very complicated and we are assuming England here (Scotland and Wales now have their own separate land taxes)