SDLT higher rate refund

IncidentalPenguin

First Post: I have a joint mortgage on a property I used to share with my ex and it is now her and my children's (3 x under 12yo) continued residence. I have since bought a second property but had to pay the higher stamp duty because of my financial link to the other property.  Since then I have been to court and gained joint care of the children but my ex will not progress a formal agreement on seperating the house. The family court reconised that the ex's property is their dwelling and as such I like to establish if I can claim the higher rate sdlt back because its only a financial connection not a dwelling for me.  I hence once have only one potential residence not two.  When I spoke to two solicitors they say it doesn't matter as I'm on the deeds but I read on Internet that this scenario is an exception to the rules.  Guidance would be very welcome. 

[Deleted User]

IncidentalPenguin said:

First Post: I have a joint mortgage on a property I used to share with my ex and it is now her and my children's (3 x under 12yo) continued residence. I have since bought a second property but had to pay the higher stamp duty because of my financial link to the other property.  Since then I have been to court and gained joint care of the children but my ex will not progress a formal agreement on seperating the house. The family court reconised that the ex's property is their dwelling and as such I like to establish if I can claim the higher rate sdlt back because its only a financial connection not a dwelling for me.  I hence once have only one potential residence not two.  When I spoke to two solicitors they say it doesn't matter as I'm on the deeds but I read on Internet that this scenario is an exception to the rules.  Guidance would be very welcome. 

When you say "ex" do you mean ex-spouse or ex-partner? In other words were you married?  If you were married is there a mesher order in place?  

How long ago did you purchase the second residential property?

IncidentalPenguin

Ex-partner (not married).
I bought the house 2yrs 10 months ago approx.

No mesher order.
Thanks. 

IncidentalPenguin

Lover_of_Lycra said:

IncidentalPenguin said:

First Post: I have a joint mortgage on a property I used to share with my ex and it is now her and my children's (3 x under 12yo) continued residence. I have since bought a second property but had to pay the higher stamp duty because of my financial link to the other property.  Since then I have been to court and gained joint care of the children but my ex will not progress a formal agreement on seperating the house. The family court reconised that the ex's property is their dwelling and as such I like to establish if I can claim the higher rate sdlt back because its only a financial connection not a dwelling for me.  I hence once have only one potential residence not two.  When I spoke to two solicitors they say it doesn't matter as I'm on the deeds but I read on Internet that this scenario is an exception to the rules.  Guidance would be very welcome. 

When you say "ex" do you mean ex-spouse or ex-partner? In other words were you married?  If you were married is there a mesher order in place?  

How long ago did you purchase the second residential property?

Ex-partner (not married).
I bought the house 2yrs 10 months ago approx.

No mesher order.
Thanks. 

Thrugelmir

Appears that you still have a financial interest in 2 properties currently. 

[Deleted User]

IncidentalPenguin said:

Lover_of_Lycra said:

IncidentalPenguin said:

First Post: I have a joint mortgage on a property I used to share with my ex and it is now her and my children's (3 x under 12yo) continued residence. I have since bought a second property but had to pay the higher stamp duty because of my financial link to the other property.  Since then I have been to court and gained joint care of the children but my ex will not progress a formal agreement on seperating the house. The family court reconised that the ex's property is their dwelling and as such I like to establish if I can claim the higher rate sdlt back because its only a financial connection not a dwelling for me.  I hence once have only one potential residence not two.  When I spoke to two solicitors they say it doesn't matter as I'm on the deeds but I read on Internet that this scenario is an exception to the rules.  Guidance would be very welcome. 

When you say "ex" do you mean ex-spouse or ex-partner? In other words were you married?  If you were married is there a mesher order in place?  

How long ago did you purchase the second residential property?

Ex-partner (not married).
I bought the house 2yrs 10 months ago approx.

No mesher order.
Thanks. 

How did you jointly purchase the property?  As joint tenants or tenants in common?  If tenants in common what is the share split and is there a Deed of Trust in place?