Crosswords1 min ago
title deeds
i an going through a divorce, and have agreed that i keep the home, is there any other way off taking his name from the deeds of the house without paying stamp duty?
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In a word, 'NO'! Your question is a tediously common one (Sorry, no offence).
You cannot simply 'remove' an owners name from the title deeds. It can only be done by mutual agreement (or by a court order), and in either case will involve a properly executed property transfer that MUST be registered in the land register.
So, for the ZILLIONTH time (not that it will do any good):
HERITABLE PROPERTY CANNOT BE TRANSFERRED BY CONTRACTUAL AGREEMENT ON IT'S OWN.
Rights in heritable property can be conveyed only using a solicitor (Scotland) or a solicitor/conveyancer (England/Wales). Ownership (nearly always) passes upon registration.
You cannot simply 'remove' an owners name from the title deeds. It can only be done by mutual agreement (or by a court order), and in either case will involve a properly executed property transfer that MUST be registered in the land register.
So, for the ZILLIONTH time (not that it will do any good):
HERITABLE PROPERTY CANNOT BE TRANSFERRED BY CONTRACTUAL AGREEMENT ON IT'S OWN.
Rights in heritable property can be conveyed only using a solicitor (Scotland) or a solicitor/conveyancer (England/Wales). Ownership (nearly always) passes upon registration.
The change of name would have to be done by transfer deed as per a normal sale/purchase.
If the property is sroted by court order or agreement in the divorce then none will be payable.
If not, whether or not stamp duty is payable depends on the consideration stated in the transfer.
Stamp duty will only be payable if the consideration, ie money changing hands or mortgage liability, is over the stamp duty limit which is currently �175k.
This should help...
http://www.hmrc.gov.uk/so/marriage.htm
If the property is sroted by court order or agreement in the divorce then none will be payable.
If not, whether or not stamp duty is payable depends on the consideration stated in the transfer.
Stamp duty will only be payable if the consideration, ie money changing hands or mortgage liability, is over the stamp duty limit which is currently �175k.
This should help...
http://www.hmrc.gov.uk/so/marriage.htm
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