Buying my partners’ other property following a separation

EdVince

Hi, my partner and I have split after 16 years (and 2 children). She is staying in the family home (currently joint owned) and buying me out of my share (about £200,000). She solely owns another property, mortgage free, worth about £400,000, which I am buying from her. This can’t happen until about December because of tenants in the property. Our mortgage of £300,000 is with Nationwide on a fixed term deal with early repayment charges. When this is completed I will end up with about a £200,000 mortgage and hers will be about £100,000.

A few questions
1) Will she have to pay stamp duty on the family home as she already owns it? Or do I just need to come off the deeds?
2) Will I need to pay stamp duty on her house as it will be a complete change of ownership?
3) Could I technically buy her house for £200,000 (as the other half would be covered by my equity in the family home) to avoid paying as much stamp duty, or would this be tax avoidance/fraud?
4) If we both have new mortgages with Nationwide would we be able to avoid paying the early repayment charges?

thanks, Ed 

movilogo

For stamp duty in case of divorce, read here. 
https://www.patrickcannon.net/news/sdlt-and-divorce-transferring-property/#:~:text=The transfer of a house,marriage or a separation order.
Rules could be bit different depending on whether you are married or unmarried.
Early Repayment Charge is payable in general unless you can negotiate with lender otherwise. 

TBagpuss

1&2 - as Movilogo says, you probably won't be liable for stamp duty provided you have a court order or separation agreement (and you should have a court order or separation agreement anyway, no matter how amicable the split is) 
3. as above - and yes - get it all set out in an order or agreement and look at it in the round. You are paying her £200,000 in cash and transferring your interest in the property to her - that's your payment for the new property . 
4. ERC  - up to Nationwide. Where you are in effect simply transferring an existing mortgage from joint names to one person's sole name , even though it is technically a repayment then remortgage, lenders will often waive the ERC , but it is normally discretionary so you would need to ask them.