Buying house from spouse

Justlurkin

Hello,


I'm currently going through a divorce and the spouse wants to put the house up for sale, I am considering buying it if I can afford the mortgage. If I do go ahead and purchase the property would I have to pay stamp duty? The purchase would not be part of any offset of assets or part of the divorce agreement.


TIA

MWT

Just to be clear, it sounds like you currently do not own any part of the house and you are not getting a right to any part of the house in the divorce settlement, so this would just be an open market purchase of 100% of the property from your spouse?

If that is the case, then yes, you would pay stamp duty.

The exemptions to this would require that the property is being transferred as part of the court ordered divorce settlement...

Justlurkin

Hi MWT, Thank you for confirming. The house is jointly owened, 50/50, and mortgage free. Regards Jl