If we put our flat into my name only, instead of DH and I together, will there be stamp duty payable?

[bran]

DH and I jointly own our flat, and another flat that we we used to live in but now rent out. If we transfer one or both of these flats into my name only would I have to pay stamp duty on the 'half' of the property that DH is giving to me?

We did this and no stamp duty was payable. But DH didn't pay me for "his" half of "my" flat. I'd assume it would be different if money was changing hands and the transaction was done at market rate.

If you make the transfer, you'll have to use a solicitor. They should advise you if there is any stamp tax to pay.

Fab, thanks Happysmiley. We'll use our usual property solicitor if we do it (we move quite a bit so we have a tame one), but we're just considering options at the moment and I thought I'd double-check.

www.hmrc.gov.uk/manuals/sdltmanual/SDLTM00530.htm link to gifts and SDLT. Note that a 'gift' would mean nothing whatever received in return (for example, I don't think a swap would count as a gift).

www.hmrc.gov.uk/manuals/sdltmanual/SDLTM00330a.htm

More examples. Mortgages can complicate things - would you be taking on the mortgage?

That's really useful, thanks C&C. We only have a small mortgage left on the rental flat, and none on the one we live in, so I think we'll be fine.

There is an interspouse exemption. Considered to be a gift.