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Second home stamp when you split up.

my ex and I have 2 houses in joint names. When we split up i moved to one house and she stayed in the other. The house she is in we are selling she will buy a new house in her name only. I will stay in the other house and later we will sell that. As she is moving from one main residence to another does she have to pay second home stamp duty?

Comments

  • SDLT_Geek
    SDLT_Geek Posts: 3,050 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    my ex and I have 2 houses in joint names. When we split up i moved to one house and she stayed in the other. The house she is in we are selling she will buy a new house in her name only. I will stay in the other house and later we will sell that. As she is moving from one main residence to another does she have to pay second home stamp duty?
    Is she buying in England, so the relevant tax is stamp duty land tax?  If so, I would not expect the extra 3% SDLT to be due.

    How one gets to that answer is slightly different depending on whether you are married / civil partners or not.
  • Not married just joint tenants on both properties but the new one she is buying is on her own and replacing her main residence. She will remain on the other house though she is just changing main residency 
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You both started out with 2 properties and once she has sold her home and at the same time bought a new main residence you will still own 2 properties.
    You may have Capital Gains Tax to pay depending on if you have been renting one of the properties out.
  • TheJP
    TheJP Posts: 2,015 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    dimbo61 said:
    You both started out with 2 properties and once she has sold her home and at the same time bought a new main residence you will still own 2 properties.
    You may have Capital Gains Tax to pay depending on if you have been renting one of the properties out.
    Once the OP and his Ex sell the property they jointly own (the one she currently lives in) he will only own 1 property as the Ex is buying the new house in her name only.
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