LBTT Query - Adding Partner to Title- Pay again?

[scz4]

My home is due to be remortgaged in December this year. I bought the property in my own name 5 years ago. My partner has been living with my for the last 2.5 years. So with the remortgage now is the right time to bring her onto the title as she sold her place a few years ago.

As the legal aspect of the mortgage application progresses, I requested a quote for all costs and noticed there's £75 fee for "LBTT Submission". When I queried this, clarifying it's a remortgage on a property I own, I've been advised

"We wouldn’t know if LBTT is payable until we are in receipt of the redemption statement, however the threshold for this is over £145,000 on the existing mortgage."

The existing mortgage does have just over this value remaining, but the new mortgage application is for under £100k with her contribution.

I'm super angry thinking I'll need to pay LBTT again (£5k+) for a house I already own and paid tax on 5 years. In fact, we simply won't do it.

There may be ways around this, overpay (by that I mean put her money in) on the day the current mortgage deal expires as then there's not the 10% over paying limitation. Then when we apply for the title, the mortgage is below £145k and we're fine. Obviously a little extra cost as we fall onto the variable rate.

Anyway, I've never heard of this and wondered if anyone else has faced the same situation. Why on earth would outstanding mortgage value have any bearing if you're liable for LBTT is beyond me. Doesn't sound right.

Oh and I'm based in Scotland, which may or may not make a difference. Certainly the rates are different.

Thanks in advance.

Edited by scz4 on Thursday 19th September 17:35

[scz4]

Think I need a new solicitor as they don't see to know either. Only that IF there is tax to pay, then it would be my partner would liable for half of the value of the property.

So as a couple we could end up paying 150% LBTT on the property.