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Additional stamp duty
Comments
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I agree with Dunroving!!!8217;s comment that the replacement exception will only apply if Mr S has lived in Mrs S!!!8217;s house as his only or main residence.
I do not consider that the examples from the guidance quoted by 00ec25 are to the contrary.
The requirement that Mr S lived in the house to be sold as his only or main residence is in the legislation. See FA2003/Sch4ZA/para3(6)(c).0 -
I agree with Dunroving!!!8217;s comment that the replacement exception will only apply if Mr S has lived in Mrs S!!!8217;s house as his only or main residence.
I do not consider that the examples from the guidance quoted by 00ec25 are to the contrary.
The requirement that Mr S lived in the house to be sold as his only or main residence is in the legislation. See FA2003/Sch4ZA/para3(6)(c).
I thought married couples could only have one main residence in terms of SDLT and the OP says that their husband moved into the OP's property so surely the property the OP owns with the sister is the couple's main residence....?
The OP hasn't given any indication that (s)he has ever lived in the husband's property so surely that property wouldn't count as the couple's main residence...?0 -
The point is whether OP!!!8217;s spouse has lived as his main residence in the property in which OP has a share and which OP will be disposing of entirely when buying a new property for OP and spouse to live in.
It does not depend on OP having lived the property OP!!!8217;s spouse is retaining.
If the replacement exception applies to OP!!!8217;s spouse then it does not matter how many other properties OP!!!8217;s spouse retains.0
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