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Buying new home after separation.
Daverogers_2
Posts: 17 Forumite
I’ve been separated from my wife for 3 years. I want to buy a new home now. My wife and her mother are the only person named on the mortgage and always has been. We have a separation agreement which states I have no legal interest in the house.
My question is as I wasn’t on the legal paperwork for the house so will I be liable to pay extra stamp duty on my new home.
My question is as I wasn’t on the legal paperwork for the house so will I be liable to pay extra stamp duty on my new home.
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Comments
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is your name on the deeds of the old house? If not, then no.
Edit: unless still married ! (See below)0 -
No it!!!8217;s not nothing at all0
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But my solicitor is insisting it is still considered my second home0
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On what grounds?0
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She claims as we were married I owned the home too.0
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Ah, that makes sense , a married couple count as one unit irrespective of ownership, otherwise every couple could own two houses between them and drive a coach and horses through the intent of the bill
There may be exceptions for separation, ISTR "something" and you can research, but I think you may have to get divorced.
Ps I think your solicitor is not saying as you were married you "owned" the house, she is saying that as you are married, you count as having an interest in a house (as part of a couple) for the purposes of additional SDLT . Once you get divorced that no longer applies.0 -
Here we go see if this helps https://www.theguardian.com/money/2017/aug/14/buying-flat-separating-higher-stamp-duty-refund0
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It does not matter much whether you are !!!8220;on the mortgage!!!8221; or !!!8220;on the deeds!!!8221; of the old house. The first thing that matters is whether you have an underlying share in the property and whether that is worth £40k or more. From what you say, it seems not.
The next thing that matters is whether your spouse will be deemed to be a joint buyer with you for higher rates purposes. A spouse is not treated as a joint buyer if separated in circumstances likely to prove permanent. Again it sounds as if you are long term and permanently separated.
Spouses are not treated as a single unit!0 -
SDLTgeek do you know how OP can show that he is separated in a way that HMRC acknowledges ? Does he need something offficial such asa court document ?
And just to question your last statement, surely spouses normally are treated asa single until ?0 -
After 3 years, and given you are planning to buy a property separately from your spouse, why on earth are you still married?0
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