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Transfer of house pursuant to consent order – is stamp duty land tax payable?

Question I currently own a house in Exeter with my ex-wife. I am transferring the property pursuant to a consent order into mine and my new girlfriend's name. My ex-wife is receiving a lump sum of money and we are repaying the existing mortgage and taking a new mortgage in our joint names. Am I liable to any stamp duty land tax?
Arthur Weller replies:
If you look at you can see that certain transactions on the ending of a marriage are exempt from stamp duty land tax. These transactions are those made between the parties to the marriage as a result of:
•certain types of court order;
•an agreement between the spouses/partners in contemplation or in connection to the dissolution or annulment of their marriage or civil partnership; or
•their judicial separation or a separation order.
However, the exemption is not available if the transaction involves someone other than the spouses or civil partners. So, it is worth checking to see whether it makes a difference that the property is being transferred into the names of both you and your new girlfriend.

Property Tax Insider This sample question and answer is taken from Property Tax Insider, a monthly UK tax saving magazine for landlords and property investors.

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