Higher rate SDLT if separated but BOTH buying new?

stranex

As above,


We are separated pending divorce. We have sold the FMH and both renting. If we both now buy, presumably although we both have an "interest" in each others properties due to still being legally married, we are not listed on the deeds and therefore the one who buys 2nd is not liable to higher rate SDLT?

SDLT_Geek

If you are separated I would not expect you, in actual fact, to take interests each other's properties.

There are rules for the higher rates of SDLT which sometimes require one to treat a spouse as a joint buyer for the purposes of assessing whether or not the 3% surcharge applies. But those do not apply to spouses who are separated in circumstances likely to be permanent.

Take it with a pinch of salt if someone says spouses are treated as a "single unit". That is not what the legislation says.

amnblog

Neither are liable. If you own one property at the end of the day of coming of the sale you do not pay higher SDLT. I cannot seeing the !!!8216;married!!!8217; rule applying here.