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Stamp duty when buying my ex-parter out of our joint home

Hello, has anyone got any experience of buying an ex-partner out of a family house that you owned together? I have just bought my ex out of our jointly owned house. because we weren't married, I was lumped with a £10k stamp duty, for a house we had already paid the stamp duty for in 2010 when we bought it. My solicitor tried to find ways around it, but without success. I find it appealing and quite frankly an insult that because we weren't married, delisted being together for 20 years, and having two children together, I had to pay 10k. On top of that I wasn't entitled to anything of his, again because we weren't married. The relationship broke down early because he wasn't able to commit to me and thus refused to get married too. So I am losing out twice. I am thinking of making a case on the basis its discriminating against unmarried people, when the job of transferring the deeds are exactly the same. Has anyone got any experience of the same, or a case where you managed to find a way of not paying the stamp duty on your own house twice? Thanks 

Comments

  • user1977
    user1977 Posts: 19,633 Forumite
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    "Making a case" against whom?
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
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    What did your solicitor tell you when he must have mentioned the stamp duty.
  • DE_612183
    DE_612183 Posts: 4,203 Forumite
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    It's a tax on the payment.

    You bought the property together in 2010, so in essence the tax you paid was split 50/50 as was the property.

    Now you are "buying" the part of the property you don't own - so tax is due.
  • Exodi
    Exodi Posts: 4,642 Forumite
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    I have a feeling this is probably more of a vent than any actual question...
    Know what you don't
  • Brie
    Brie Posts: 17,005 Ambassador
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    being unmarried isn't a protected status and therefore you cannot claim (legally) that it's discrimination.

    I quite agree that it feels unfair but there's lots of things that work against unmarried couples.  

    Glad however that you were able to buy him out even if it cost you more than you anticipated.
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  • jonnydeppiwish!
    jonnydeppiwish! Posts: 1,505 Forumite
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    Brie said:
    being unmarried isn't a protected status and therefore you cannot claim (legally) that it's discrimination.

    I quite agree that it feels unfair but there's lots of things that work against unmarried couples.  

    Glad however that you were able to buy him out even if it cost you more than you anticipated.
    Definitely swings in roundabouts - as I’m married, I’d have to pay the extra stamp duty if I bought a buy to let
    2006 LBM £28,000+ in debt.
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  • DE_612183
    DE_612183 Posts: 4,203 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Exodi said:
    I have a feeling this is probably more of a vent than any actual question...
    Think you are right, signed up, vented, then 20 mins later left the forum ( probably never to return ) or thank anyone for the time they have taken to provide advice ( even if it's what they didn't want to hear! ).
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