SDLT on transfer of Title

Rural_Boys27

Anyone help with this. Our accountant and solicitor are at odds as to whether SDLT is payable due to a change of title. In a civil partnership for 45 years kept a previous home as buy to let with joint mortgage which can’t be renewed as one partner is 77. Younger partner can continue with new mortgage if having sole title. Solicitor advises potential SDLT liability as the new title holder has effectively released the other from their mortgage liability of £350,000. Really don’t want to shop around unless necessary. 

housebuyer143

Have you looked at your situation on here? It does kind of implying that stamp duty would be due.

https://www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property#if-you-marry-enter-into-a-civil-partnership-or-set-up-home-together

Keep_pedalling

Cilvil partnerships have only been available in the UK since 2005, are you actually civil partners with all the spousal advantages that come with that status, or have you never formalised that partnership?

Rural_Boys27

Thanks for reply. Yes formal civil partners since 2006. 45 years together. 

silvercar

Is the total mortgage 350k or 700k?

Rural_Boys27

Thanks for info. Mortgage in single name will be £700,000. Jointly just now it’s £900,000 we are paying £200,000 off.