Buying new home after separation.

Daverogers_2

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.

AnotherJoe

is your name on the deeds of the old house? If not, then no.

Edit: unless still married ! (See below)

Daverogers_2

No it!!!8217;s not nothing at all

Daverogers_2

But my solicitor is insisting it is still considered my second home

AnotherJoe

On what grounds?

Daverogers_2

She claims as we were married I owned the home too.

AnotherJoe

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.

AnotherJoe

Here we go see if this helps https://www.theguardian.com/money/2017/aug/14/buying-flat-separating-higher-stamp-duty-refund

SDLT_Geek

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!

AnotherJoe

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 ?

G_M

After 3 years, and given you are planning to buy a property separately from your spouse, why on earth are you still married?