Adding name to mortgage/deeds - need to pay stamp duty??

[StampDutyMadness]

Name changed

Just as title really.

Didn’t add my name to mortgage as DHs credit rating was better than mine so we could get a better rate under his name only. Solicitors told us on day of completion my name couldn’t go on deeds without being on the mortgage too. Had our belongings in a lorry and new tenants due to move in to our rental so we were stuck. DH paid stamp duty.

Now going through process of adding my name to deeds, have contacted the bank (new bank, we changed bank when our fixed rate ended) to start the process of adding my name to mortgage but been told by solicitors we have to pay stamp duty again.
Previous solicitors have been taken over by a bigger company so we have approached a few different ones for quotes. Two started off by saying they didn’t think stamp duty was involved but now all say because DH is involved in the transaction stamp duty applies.

Is this correct that he has to pay stamp duty twice on the same property? I don’t understand how this is can be as I’ve never owned property.

I know it has no bearing on the legality of things but we’ve had a stressful year (health, work, kids, parents) and were looking forward to a cheap holiday but can’t do that if we have to pay this stamp duty. It isn’t the end of the world I know, just very annoying when it doesn’t even make sense.

I haven’t read the full thread but while it’s correct that gifts are exempt from stamp duty, it’s the taking on the mortgage that’s a ‘chargeable consideration’ for stamp duty.

The rules are inconsistent and harsh on whether married couples count as one unit or independent people when it comes to SDLT. If one spouse has owned property before, no FTB discount for the other. If one owns another property (including inherited or owned before marriage) potentially extra SDLT for the other unless replacing a main residence. If one spouse owns the main residence but wants to transfer half to their spouse, magically you are two separate people again and the incoming owner is to pay SDLT despite spouse 1 having already paid it on the full amount.

If your name is not being added to the mortgage and title, do get legal advice about making sure your interest is noted on the title, perhaps adding a title restriction, for protection.

Ooh bloody hell, that's harsh. I've just read the full changes, that's an awful lot of tax, especially given average house prices these days. Sorry OP.