Bit of a common situation that has given rise to some peculiarities.
So relationship breakdown involving a jointly owned property - formerly main residence A.
I left the property in 2018 and have since purchased a main residence B as of November '19 with the additional 3% SDLT of just under £4k.
I am the proud owner of a court order now giving me full control of the sale of A due to ex's unreasonable behaviour. However, given the state she has left the property in (it's too awful to go into detail) I need to empty, clean and fix it to make it sellable.
Oddly we had agreed that she would pay the mortage in full until sale. I know...
I have tried repeatedly to contact HMRC for clarity but am just being cut off due to high call volume.
Anyway, my questions are as follows:
1. It was suggested to me during meetings with my solicitors that seeing as A has not been my main residence since August '18 this could be grounds for a stamp duty refund. I can prove residency elsewhere with copies of the electoral role from my local authority. I am aware this is easily faked. So is the liability based on simply ownership or where I;m actually living or both?
2. If for some reason the mortgage stops being paid, I can't afford to pay two mortgages in full. It seems pointless to pay half or even negotiate with the bank (Halifax) in this event as I have raised concerns about this and explained the circumstances. The shorter and way more polite answer than the one they gave me was : tough. We just want the money. Fair enough. So, in the event of not being able to pay the mortgage and the bank repossesses the property with a view to eventually sell, that would technically mean I am no longer the owner of A.
Would a repossession in some way disqualify me from the SDLT refund?
I am well aware that 2 is an extreme example but its not off the cards at this point. Obviously I would rather avoid that and the CCJ I would inevitably receive but I've no real need for the ability to use credit for anything major in the next few years.
Apologies for the massive essay but I'd really appreciate any and all advice.