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Stamp Duty

My partner is buying me out of the property we jointly own can anyone shed any light on if he will have to pay stamp duty, we have been told because we aren't married he will be liable for stamp duty and wouldn't have been if we were married but I thought those differences between cohabiting and married couples had been removed. Any advice gratefully received.
Thanks.

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    if there is a mortgage outstanding on the property and his share of that debt is >£125,000 then yes he will pay SDLT on the amount he pays you

    your idea re marriage is just plain wrong
  • SDLT_Geek
    SDLT_Geek Posts: 3,049 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    As 00ec25 says a proportion of the debt is counted in as “chargeable consideration”. It is added to the money he pays you for SDLT purposes. SDLT will be due if this total is over £125,000.

    This will be his only property so the 3% surcharge and starting point of £40,000 will not be applicable?
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