Second home stamp duty on separation - retaining interest in family home

GavB79

I am separating from my partner and will need to buy a new property.  I understand I will have to initially pay the additional stamp duty.

We have a joint mortgage on the family home, which my partner will be staying in with our son.  I will come off that mortgage but will retain a financial interest in the property by way of a declaration of trust - I do not need to take my equity out.  Will I be able to reclaim the additional stamp duty in this situation?  Is it from the point we re-mortgage in her name only, or does the fact I still have money in the home mean I can't recoup it?  It sounds unreasonable if the latter.

Edit: We are not married or in a civil partnership

greatcrested

No. You will continue yo have a financial interest in Property A, so property B will be a 2nd property.

oldbikebloke

Edit: We are not married or in a civil partnership

you are buying an ADDITIONAL property, you have sold NOTHING,  therefore of course you will pay the higher rate SDLT since you are purchasing a "2nd" property to add to you property empire.

You cannot claim a refund since you did not do the decent thing and marry her. Marriage is more than emotional commitment, it also has a LOT to do with TAX since you expect to get a share of the sale of the property and therefore QED you have retained a BENEFICIAL INTEREST in the property and have every expectation of making a personal financial profit when it is sold.