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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Question about Stamp Duty I am in a divorce situation at the

Customer Question

Question about Stamp Duty
I am in a divorce situation at the moment and with the help of my son want to buy my husband's share. If I give my son 50% of my share and he is able to raise a mortgage would he have to pay stamp duty on the value of the whole house or only on his share of the house ? I am 70 years old and the value of the house is about a million pounds approx ??? How much stamp duty would my son have to pay? He would need to borrow around 600 K.
Submitted: 12 months ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 12 months ago.


Could you please clarify if the property will be put in your son's sole name? (I am guessing that this will be the case, as only his name will be able to go on the Deeds if he is having a Mortgage in his sole name).

Could you also confirm the exact amount of cash he would be paying for the property?


Customer: replied 12 months ago.
I do not want to put the property in his sole name if I can help it. I was told by a friend that three people could be on the mortgage application and only my son's ( and maybe my daughter in laws income) could be taken into consideration.We have not applied for the mortgage as yet as the lawyers are still negotiating with my husband. I think the amount we might have to borrow might be : 350K to my husband, there is an existing mortgage of 160K which I may have to take over, also the cost of the stamp duty would have to be added to the mortgage. So the total would be 510 + the cost of the stamp duty.
Expert:  Stuart J replied 12 months ago.

There is no SDLT on any transfer pursuant to a court order and hence, it doesn’t matter what the value of the property is, if it’s being transferred into your sole name as part of the divorce proceedings.

however, if you transfer part of the property into your son’s name, he would be liable for SDLT on the price he pays if he is paying an amount of money which is over the threshold. The current zero threshold is £125,000 provided this is going to be his primary residence otherwise he pays 3% if it is a second home.

Purchase price of property

Rate of Stamp Duty

Buy to Let/ Additional Home Rate (from April 2016) *

£0 - £125,000



£125,001 - £250,000



£250,001 - £925,000



£925,001 - £1.5 million



Hence, if he was paying £600,000, and he is not living in the property, he would pay 8% of the amount of money he is paying for that share. The fact that he may be your son is not relevant.

Expert:  Stuart J replied 12 months ago.

There is no legal reason why you cannot have as many people on the mortgage as you wish. That is up to the lender. However the lender will not normally allow anyone to be on the title deeds unless they are also a party to the mortgage.

Unfortunately, the rates have not posted properly. In each band, the lower rate is the rate for a first home in the higher rate in each band is the rate if it is a second

Customer: replied 11 months ago.
Perhaps I did not word my question right. I find the above figures a bit confusing, so am rewriting my question. My son got married last year and his wife already owned a flat. The flat is in her sole name and she rents it. My son does not own any property and they live in a rented property. Now if my son and daughter in law apply jointly for a mortgage to buy the father's share of the house ( my present house) in which they plan to live with me. My son may have to borrow £600K. How much stamp duty would there be ? Is there any way to lessen the stamp duty ? Is there any way to protect my right to continue to live in the house in case they split ? At the moment I am very worried. As I have lived in my house for the past 35 years , I really do not want to part with it in my lifetime. Your answer will be greatly appreciated.
Expert:  Stuart J replied 11 months ago.

If your son and daughter-in-law by a share of your house, they pay stamp duty at the buy to let rate and the purchase price of the share they are buying.

On £600,000, the stamp duty would be 8%.

The same would apply if he was buying his sole name. How to mitigate or pay less stamp duty, get divorced. Stupid, but here is the explanation

In the deeds, would reserve yourself the right to live in the house for life and that would prevent them trying to sell it from underneath you.

She would probably still be entitled to a chunk of the property if they split up as indeed he would be able to get a chunk of her property but if you have the right to live in the property for life noted in the deeds, she would not be able to force a sale.