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Stamp Duty exemption on 2nd property.

Would anyone be able to give me and guidance on my current situation.

I'm 2008 I bought a house with my now ex and I haven't lived in the property since 2010, nor made any payments towards the mortgage since that point.

Both of us have other partners with children now, however she still lives in the property and I've lived in two seperate properties since that period and wish to purchase the property I am living in now, which I consider my main residence.

Whilst saving a deposit for my own property the second property stamp duty rules came in so I understand that I am expected to pay 3% on any new residence.

Is anyone able to provide any guidance on whether there is any possibility of an exemption of this as the mortgaged property is not my main residence nor is it a rental property. I don't know the rules in regards to whether I have any grounds to force a sale given the time that has passed with no attempt to buy me out despite numerous requests to market the property.

Any advice would be greatly appreciated.

Comments

  • 00ec25
    00ec25 Posts: 9,123 Forumite
    1,000 Posts Combo Breaker
    edited 13 November 2018 at 10:04PM
    no you are not exempt from the higher rate
    you own an existing property, are not selling it, but intend to purchase an additional property

    it does not sound like ex was a (now ex) wife so none of his applies
    https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09797
    therefore you are liable for the higher rate

    you are the co owner, so of course you can get a court order to force the sale. It will/ could cost you a lot of money to do so depending on her circumstances and if there are children involved.
  • We were never married. Would that make any difference in whether any exemption could be applied. We also have children but not with each other.
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