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Mortgage and stamp duty

My partner has divorced and her name was on the mortgage of her previous home but not the deeds (her ex bought the house before they were married), whilst I have never owned a property. We are about to buy a house now, but are wondering if we count as first time buyers and so do not have to pay stamp duty, as neither of us have either bought a house, nor have been on the deeds to one.

Many thanks

J

Comments

  • Meeper
    Meeper Posts: 1,394 Forumite
    Meep!

    If she was on the mortgage, it is highly likely that she was on the deeds also. She should check this.

    If she had any ownership at all, you cannot be first time buyers jointly, so SDLT will be payable.
    I am an Independent Financial Adviser
    You should note that this site doesn't check my status as an Independent Financial Adviser, so you need to take my word for it. This signature is here as I follow MSE's Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Meeper wrote: »
    Meep!

    If she was on the mortgage, it is highly likely that she was on the deeds also. She should check this.

    If she had any ownership at all, you cannot be first time buyers jointly, so SDLT will be payable.

    She was not on the deeds at all, was checked out for the divorce settlement, but she did get a lump sum, but was never on the deeds, so our thinking is that we are both FTBs.....
  • Meeper
    Meeper Posts: 1,394 Forumite
    If she has never been on the deeds you will certainly be FTB's. I would be very surprised if that were the case. Logically speaking, why would she get a lump sum and be entitled to any of the equity in a property that she never had any ownership or claim over?
    I am an Independent Financial Adviser
    You should note that this site doesn't check my status as an Independent Financial Adviser, so you need to take my word for it. This signature is here as I follow MSE's Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
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