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SDLT higher rate refund
IncidentalPenguin
Posts: 4 Newbie
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.
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Comments
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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?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.
How long ago did you purchase the second residential property?1 -
Ex-partner (not married).
I bought the house 2yrs 10 months ago approx.
No mesher order.
Thanks.0 -
Ex-partner (not married).Lover_of_Lycra said:
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?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.
How long ago did you purchase the second residential property?
I bought the house 2yrs 10 months ago approx.
No mesher order.
Thanks.
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Appears that you still have a financial interest in 2 properties currently.2
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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?IncidentalPenguin said:
Ex-partner (not married).Lover_of_Lycra said:
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?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.
How long ago did you purchase the second residential property?
I bought the house 2yrs 10 months ago approx.
No mesher order.
Thanks.0
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