Stamp Duty query

kerfuffle_2

Hi everyone - a quick stamp duty question which i'm struggling to find the answer to.
I live with my partner, who owns her flat (in her name only). This is our main residence.
I own a property which i have rented out for the last 4 years. I have rented for these 4 years in a different part of the country.
We want to buy a house together, by selling her flat (but not selling mine). Whilst it's only in our name, it's essentially both of our main residence.
Will we need to pay the 3% additional stamp duty if we sell her flat, and buy together (to live in)?
From what i have read, it seems as though we wouldn't because it is both of our main residence, but it's really not clear. Any help appreciated!
thanks
Shaun

SpiderLegs

You are not married and you are not selling your main residence. 

SDLT_Geek

kerfuffle_2 said:

Hi everyone - a quick stamp duty question which i'm struggling to find the answer to.
I live with my partner, who owns her flat (in her name only). This is our main residence.
I own a property which i have rented out for the last 4 years. I have rented for these 4 years in a different part of the country.
We want to buy a house together, by selling her flat (but not selling mine). Whilst it's only in our name, it's essentially both of our main residence.
Will we need to pay the 3% additional stamp duty if we sell her flat, and buy together (to live in)?
From what i have read, it seems as though we wouldn't because it is both of our main residence, but it's really not clear. Any help appreciated!
thanks
Shaun

It is unclear where OP is living:

• On the one hand it is with the partner who owns her flat.
• On the other OP has rented for the whole 4 years in a different part of the country!

What is the position?  Perhaps OP has moved in with the partner only recently?

If OP has been living these four years with the partner then it will be important to know if OP is married / in a civil partnership with his partner (or will be so, by the time of the partner's sale and the joint purchase).

SDLT_Geek

Also, in what country are you buying?  There are different rules in England / Northern Ireland, in Scotland and in Wales.

kerfuffle_2

Apologies - this is in England.
And yes, I've moved in with my partner in August 20, after renting since the start of 2017.
We are not married, but are expecting a baby, which is the reason for wanting to move.

SDLT_Geek

Unless OP marries by the time of the partner's sale, the extra 3% SDLT will be due on the joint purchase.  That is because neither OP, nor a spouse of OP, is disposing of a property which OP has lived in as OP's only or main residence (with OP owning another property).

If OP and his partner do marry by the time of the sale, the question then moves to whether OP has been living in the partner's flat with the "sufficient degree of permanence and expectation of continuity" for the flat to count as OP's "residence".