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Additional SDLT
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JL80
Posts: 1 Newbie
I'm hoping someone can help with advice on potentially getting back additional SDLT for a second property.
I separated from my wife in 2012 and the divorce was finalised in February 2016 with a consent order basically agreeing that the property would not be sold until the youngest child was 18, unless certain other conditions were met. Because she cannot get a mortgage alone, my name had to remain on the deeds and this was signed off by a judge, effectively tying me in and potentially until 2027.
Bought a new property in August 2017 with my new partner and we had to pay an additional £11,000 in stamp duty because my name is on the deeds of the former marital home.
They changed the law again in November 2017 to try and make allowance for divorcees and stop them being caught up in the additional SDLT trap. Does anyone know where I stand on possibly being able to claim back the additional money I had to pay?
I separated from my wife in 2012 and the divorce was finalised in February 2016 with a consent order basically agreeing that the property would not be sold until the youngest child was 18, unless certain other conditions were met. Because she cannot get a mortgage alone, my name had to remain on the deeds and this was signed off by a judge, effectively tying me in and potentially until 2027.
Bought a new property in August 2017 with my new partner and we had to pay an additional £11,000 in stamp duty because my name is on the deeds of the former marital home.
They changed the law again in November 2017 to try and make allowance for divorcees and stop them being caught up in the additional SDLT trap. Does anyone know where I stand on possibly being able to claim back the additional money I had to pay?
0
Comments
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The change on 22 November 2017 was not backdated to purchases completing before that date. That limits your chances of getting the money back, but you could look at:
1. Was the value of your share under £40K at the time of the August 2017 purchase?
2. Had you already disposed of a "major interest" (perhaps a share) in the former matrimonial home before the August 2017 purchase?
3. Was there another property that you used to live in but which was sold / disposed of only after you bought the former matrimonial home?0
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