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Adding my husband to my leasehold deeds - stamp duty
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MilLil44
Posts: 1 Newbie
I meant to do this as we married a few years ago to avoid probate issue. The transfer will be for no consideration and there is no mortgage. I want to do it as joint tenant. Both solicitors I have approached for quote for the TR1 etc both said they cannot comment on whether stamp duty is paid and I need to get other advice. Question is can I ring HMRC to check please as I do not want to pay for another expert? I tried the HMRC generic info but it just gives examples with mortgages. Husband does not own another house and has not since around 1993.
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Comments
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I did this several years ago on a freehold property. There was no stamp duty to pay. Can't remember whether we are joint tenants or tenants in common. It's the one where we are both full owners of the property.Make £2025 in 2025
Prolific £229.82, Octopoints £4.27, Topcashback £290.85, Tesco Clubcard challenges £60, Misc Sales £321, Airtime £10.
Total £915.94/£2025 45.2%
Make £2024 in 2024
Prolific £907.37, Chase Intt £59.97, Chase roundup int £3.55, Chase CB £122.88, Roadkill £1.30, Octopus referral reward £50, Octopoints £70.46, Topcashback £112.03, Shopmium referral £3, Iceland bonus £4, Ipsos survey £20, Misc Sales £55.44Total £1410/£2024 70%Make £2023 in 2023 Total: £2606.33/£2023 128.8%1 -
https://www.gov.uk/guidance/sdlt-transferring-ownership-of-land-or-property
scroll down toIf you’re given property as a gift
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Me and my sibling became joint tenants, no stamp duty. Freehold house, no mortgage, no money involved.1
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stamp duty is based on "consideration". If there is no consideration, there is no stamp duty
Consideration comprises money paid in exchange for ownership (or share of)
and / or
an outstanding mortgage balance being transferred to another person in exchange for ownership (or share of)
gifting a share of a mortgage free property does not involve exchange of consideration.
For a solicitor to be unwilling to confirm such basic info fills me with dread as to what weasel words they will use to cover themselves over anything more complex.1
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