Stamp duty on second home

first_time_buyer.....

Hi, my husband owns a house before we met and I own a house too. We got married and he moved into my house. His parents living in the house he owns, we do not receive any rental income. We are planning to sell my house and move into a bigger house as we now have 2 kids but as his parents are still living in his house, we can’t sell that house. I’m aware that if we both buy the house together and sell my house, we will have to pay the additional 3% stamp duty as my husband owns another house (the house that his parents are living in). But if I buy this house on my own in my name and with my own mortgage and sell my house, do we still have to pay the additional 3% or we still have to as we are married?

sammyjammy

Yes you still have to pay the second home premium.

LDJ_1955

Stupid question. What if you sold first and then purchased, would you still pay at additional rate of SDLT? Because, technically you would be without a home when purchasing. 

sheramber

You do not pay the additional 3% when you are replacing your main residence, even if you have another property. 

https://www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property