Jade owns a house in England worth £300,000 with a £230,000 mortgage. She adds her partner Sam (they are not married) to the title as an equal owner, and he becomes jointly liable for the mortgage. Sam pays no cash and owns no other property. Using SDLT residential rates from 1 April 2025, what is Sam's SDLT position?
Taking on a share of an existing mortgage is chargeable consideration (gov.uk, SDLT: transfer ownership of land or property). For a half share, consideration = 50% × £230,000 = £115,000, below the £125,000 nil-rate band in force from 1 Apr 2025, so no SDLT is due. The exemption for partners applies only to spouses or civil partners on divorce or dissolution, 2% applies only above £125,000, and SDLT is based on consideration given, not on market value.
Basing SDLT on the value of the share rather than the mortgage taken over.
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