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Stamp Duty when buying house jointly , one person moving house, one person second home

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Hi there

If I were to buy a house jointly with a family member…it will be my second home, but they will be moving into it as their main home, what will be the stamp duty situation please?
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  • SDLT_Geek
    SDLT_Geek Posts: 2,888 Forumite
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    DeeSpare said:
    Hi there

    If I were to buy a house jointly with a family member…it will be my second home, but they will be moving into it as their main home, what will be the stamp duty situation please?
    The house will be in England?  You will not live in it as your only or main residence?
  • DeeSpare
    DeeSpare Posts: 33 Forumite
    10 Posts
    SDLT_Geek said:
    DeeSpare said:
    Hi there

    If I were to buy a house jointly with a family member…it will be my second home, but they will be moving into it as their main home, what will be the stamp duty situation please?
    The house will be in England?  You will not live in it as your only or main residence?
    Yes it will be in england.I wont live in it and it would be my second home, my brother would and it would be his main residence.

  • grumiofoundation
    grumiofoundation Posts: 3,051 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    edited 1 May 2022 at 3:55PM
    DeeSpare said:
    SDLT_Geek said:
    DeeSpare said:
    Hi there

    If I were to buy a house jointly with a family member…it will be my second home, but they will be moving into it as their main home, what will be the stamp duty situation please?
    The house will be in England?  You will not live in it as your only or main residence?
    Yes it will be in england.I wont live in it and it would be my second home, my brother would and it would be his main residence.

    Then as you already own a home you will need to pay the +3% SDLT surcharge (edit: for completeness as below 3% on the whole price)


    The total SDLT will depend on the purchase price (see link to gov. calculator)

    https://www.tax.service.gov.uk/calculate-stamp-duty-land-tax/#/intro
  • SDLT_Geek
    SDLT_Geek Posts: 2,888 Forumite
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    The 3% extra SDLT will apply to the whole price, whatever your share will be in the new property.
  • DeeSpare
    DeeSpare Posts: 33 Forumite
    10 Posts
    Thankyou for all of your help. I very much appreciate you bothering.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Question ?
    Why are you buying a house with your brother if your not going to live there ?
  • Ath_Wat
    Ath_Wat Posts: 1,504 Forumite
    1,000 Posts Name Dropper
    dimbo61 said:
    Question ?
    Why are you buying a house with your brother if your not going to live there ?
    I imagine so their brother has somewhere to live.
  • If it’s for financial reasons and you’re buying with a mortgage you can look at 
    ‘joint borrower sole proprietor’ (I think it’s still called that)- I’ve done that before about 3 years ago. You’d have to get legal advice as there are implications and risks but it means he’ll own the house so you won’t have to pay the stamp duty. It’s for situations like this so might be worth looking in to it? 
  • K_S
    K_S Posts: 6,877 Forumite
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    @deespare I'll echo what the poster above has said, a JBSP mortgage is often used in scenarios where a family member who owns their own home is going on a mortgage simply to boost affordability but doesn't want/need to be on the deeds.

    There are plenty of mainstream lenders like Barclays, Skipton, Newcastle, Clydesdale, etc. who offer these products so you won't really lose out on rate either.

    I am a Mortgage Adviser - You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. 

    PLEASE DO NOT SEND PMs asking for one-to-one-advice, or representation.

  • SDLT_Geek
    SDLT_Geek Posts: 2,888 Forumite
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    K_S said:
    @deespare I'll echo what the poster above has said, a JBSP mortgage is often used in scenarios where a family member who owns their own home is going on a mortgage simply to boost affordability but doesn't want/need to be on the deeds.

    There are plenty of mainstream lenders like Barclays, Skipton, Newcastle, Clydesdale, etc. who offer these products so you won't really lose out on rate either.
    The SDLT saving requires that the family member with their own home is to have no underlying share in the property being bought.  This is not necessarily the same thing as being "on the deeds". 

    For example, a declaration of trust saying that the family member has a underlying share in the property, would be enough to mean that the extra 3% SDLT is due.
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