My wife and I own a property equally in joint names (50:50) and are looking to transfer the ownership to be 90:10. The property has a mortgage. Will this transaction be liable to stamp duty land tax (SDLT) if 40% of the mortgage is more than £125,000 or is this dependent on upon us separately agreeing to pay the mortgage 90:10? Likewise, there is another property in my sole name and subject to a mortgage, and I am told that I can put in place a declaration of trust to say whilst it is owned in my name we each again have a share in property, possibly 90:10. However, I am not sure where we stand on SDLT.

Re: the first property - yes there will be SDLT for her to pay if 40% of the mortgage is above the SDLT threshold. Taking over responsibility for a loan/mortgage is, for SDLT purposes, equivalent to paying the other party that amount (see www.hmrc.gov.uk/manuals/sdltmanual/SDLTM04040.htm and www.hmrc.gov.uk/manuals/sdltmanual/SDLTM04040a.htm). Re: the second property - again, it depends on how much of the mortgage your wife takes responsibility for.