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Stamp Duty Surcharge when Separated
Louscorp
Posts: 40 Forumite
I am married, but separated, and am now int he process of buying my own house. As my husband owns a property I have to pay a stamp duty surcharge of 3%. Does anyone know if this is still the case even though we are separated, and if it is dependant on the length of time we have been separated? I have no ownership over my husbands house, (which he purchased before we were married), his assets etc as we previously had signed a pre-nuptial agreement. Many thanks.
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Comments
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Look here
https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09820
And especially the rule for considering any property owned by the separated spouse
This additional test does not apply if the married couple are either legally separated (by court order or deed of separation) or they are, in fact, separated in circumstances in which the separation is likely to be permanent [Para 9(3) and section 1011 Income Tax Act 2007].
This might be helpful.
Stig3 -
How long were you married ?
Do you have children together ?
You may have signed a pre nupital agreement but if you were married for years and he has a good job, pension and assets he may need to divide the assets of the marriage.
See a solicitor1 -
Louscorp said:I am married, but separated, and am now int he process of buying my own house. As my husband owns a property I have to pay a stamp duty surcharge of 3%. Does anyone know if this is still the case even though we are separated, and if it is dependant on the length of time we have been separated? I have no ownership over my husbands house, (which he purchased before we were married), his assets etc as we previously had signed a pre-nuptial agreement. Many thanks.My understanding is that prenuptial agreements arent legally binding in the UK1
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They can be upheld in court as long as they meet certain requirements.SuseOrm said:Louscorp said:I am married, but separated, and am now int he process of buying my own house. As my husband owns a property I have to pay a stamp duty surcharge of 3%. Does anyone know if this is still the case even though we are separated, and if it is dependant on the length of time we have been separated? I have no ownership over my husbands house, (which he purchased before we were married), his assets etc as we previously had signed a pre-nuptial agreement. Many thanks.My understanding is that prenuptial agreements arent legally binding in the UK1
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