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Read our latest Financial Settlements guide (2021)

What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.

SDLT transferring a property?!

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ThisIsGoingWell
Posted by
Senior Member

27 May 25 - 27 May 25 #525815 by ThisIsGoingWell

Topic started by ThisIsGoingWell

My wife and I had - I thought - got to the end of our divorce journey. We've both signed a financial Consent Order which agrees who gets what, primarily including our marital home.

The situation is that I moved out of the Marital Home when we separated in February 2024, in order to make things easier for my ex. We have agreed that I will buy her out and she will vacate by the end of August this year. All good, I thought.

The property has a value of £650k and I have just been informed by her solicitor that to transfer the title into my sole name will cost us... £47k!
The HMRC calculator (www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#!/intro) shows that buying a residence for £650k would attract SDLT of £22,500 and the solicitor has indicated that EACH of us will be paying £22.5k.

How can this possibly make sense? Firstly, as we co-own the property can't we transfer ownership without SDLT anyway... secondly why would we both be paying it?

I've agreed to buy the house off her but I don't have an extra £22.5k.

My googling found this which seems to at least partly agree although it's clearly a bit complicated:
vardags.com/law-guide/tax-implications-o...amp-duty-and-divorce
www.gov.uk/guidance/sdlt-transferring-ow...-a-civil-partnership

Last edit: 27 May 25 by ThisIsGoingWell.

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