Shared ownership - staircase to 100% to sell? SDLT

GlassofWater

Hello! 
Question in brief: Do you have to pay SDLT on a shared ownership property if you staircase to 100% and sell privately on the same day? 
I have a complex situation.
My husband owns our shared ownership property, 50%. Purchased during marriage, I wasn't earning enough at the time to be on the mortgage so it is in his name only.
We now need to divorce - very amicable. We want my son and I to remain in this house and for my husband to have his equity so he can buy a place too. 

As I am not on the lease, it is not possible for the ownership to be transferred to me easily. I am self employed and cannot take on the small remaining mortgage myself but I have a partner who could. We are struggling to think of options for the house to be put in my name.

Would it be possible for my husband to staircase to 100% freehold ownership of the property and sell to my new partner on the very same day? How would this work mortgage wise for my husband, could he get a one day mortgage?!  Also, would my husband have to pay SDLT on the property even if he is only going to be the 100% owner for a brief moment in time? 

Thank you.

tinytiddles

Apologies if I’ve missed something along the way, but couldn’t your ex-husband just sell the percentage share to your partner? Or does he already own his own place which would preclude him from buying shared ownership? If he could buy the share direct he will need to register on the Help to Buy site but that’s almost a formality.

The alternative is to ask the Housing Association to sell 100% of property to your partner, some will do it, some won’t. When the sale completes they take their money and your ex-husband would get his.