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Good Afternoon,

My friend and her partner have recently moved in together (England). Her partner owns a property which is now being let out, and she has added him to her mortgage.

They were under the impression he would be liable to pay Stamp Duty as he now owns a second property, however the solicitor has told them he doesn't need to pay it.

Is this classed differently as he has been added to the mortgage and not "purchased" a property together?

The solicitor hasn't provided a reason why they're exempt so they are nervous as the website states penalties are to be paid for overdue payment.

Thanks

andtodd
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1 Answers1

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Has the partner "just" been added to the mortgage, or added to the deeds as well? It would be unusual but not impossible for someone to be added to the mortgage without being added to the deeds.

If they have not been added to the deeds, there has been no transfer of ownership of property and therefore no SDLT liability.

If they have been added to the deeds then the gov.uk website has guidance and examples on exactly when you are and are not liable to SDLT due to transfer of land or property. This is the applicable section:

You might pay Stamp Duty Land Tax when you transfer a share in a property to a spouse or partner when you do one of the following:

marry
enter into a civil partnership
move in together

You pay Stamp Duty Land Tax if the chargeable consideration given in exchange for the share transfer is more than the current Stamp Duty Land Tax threshold for the property type.

Vicky
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