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Home Forums Patrick Cannon Can SDLT be avoided on the transfer of a property subject to mortgage? Reply To: Can SDLT be avoided on the transfer of a property subject to mortgage?

#798
Patrick Cannon
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The wording of the declaration of gift/trust will determine the position but in principle the donee can take his or her interest in the property subject to the existing charge but without assuming any personal liability for it and so on any subsequent sale would receive only their share of the equity after the charge had been repaid.
Lender’s consent should be obtained and if it is willing to grant consent on these terms then it is likely to require some form of consent to the charge from the donee and the wording of this document will need to be carefully drafted to avoid an SDLT charge on the amount of the loan.