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3% Stamp Duty

Hi,

I own a buy to let property which I owned since before I got married. My husband is now in the process of buying a property in his name only. The solicitor insists that my husband does not need to pay any stamp duty. My husband has explained about the property I own but yet the solicitor says no he does not need to pay the stamp duty as he is a first time buyer. The solicitor is wrong?

Comments

  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    Yes the solicitor is wrong. If you were unmarried partners, he would be right, but....
  • SDLT_Geek
    SDLT_Geek Posts: 3,022 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 26 June 2022 at 3:43PM
    Rumana03 said:
    Hi,

    I own a buy to let property which I owned since before I got married. My husband is now in the process of buying a property in his name only. The solicitor insists that my husband does not need to pay any stamp duty. My husband has explained about the property I own but yet the solicitor says no he does not need to pay the stamp duty as he is a first time buyer. The solicitor is wrong?

    Yes, the 3% extra SDLT will be due on your husband’s purchase if:
      He is buying a residential property
      At the time of completion you still own a residential property worth £40,000 or more
      You are married to each other at the time and not separated
      There is not another sale / disposal he can rely on of a property he has lived in within the last three years.

    This should be basic stuff for a conveyancing solicitor!
  • Slithery
    Slithery Posts: 6,046 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    It may be even more than that...

    It's not just 3% on extra properties it's an additional 3% on top of the standard rate.
    As you are married and already own a property your husband no longer counts as a FTB.

  • Rumana03
    Rumana03 Posts: 214 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    Slithery said:
    It may be even more than that...

    It's not just 3% on extra properties it's an additional 3% on top of the standard rate.
    As you are married and already own a property your husband no longer counts as a FTB.

    Yeah sorry the title made is seem like 3% but yes it is more than that. We have done the calculations.
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