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Stamp duty query

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michno8
michno8 Posts: 63 Forumite
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in House buying, renting & selling
My partner has just sold her house and is buying another one. I own  mine outright and have no mortgage. It is in my name solely and will be left to my children. She has been told that because I have a home that she has to pay stamp duty on her new one. Is that correct. Thankyou 

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  • user1977
    user1977 Posts: 14,092 Forumite
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    "Partner" meaning not married or civil partnered?

    Your partner is buying in their sole name? (and you're not contributing to the price?)

    "Has been told" by whom?
  • michno8
    michno8 Posts: 63 Forumite
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    No not married just girlfriends. The conveyancing solicitor added it onto their quote. So when questioned they said because I had a property she had to pay stamp duty on hers. 
  • michno8
    michno8 Posts: 63 Forumite
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    No not married just girlfriends. The conveyancing solicitor added it onto their quote. So when questioned they said because I had a property she had to pay stamp duty on hers. 
  • user1977
    user1977 Posts: 14,092 Forumite
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    Ok, either they assumed civil partners/married or they've just got it wrong. If you each independently own properties then it doesn't come into stamp duty calculations.
  • SDLT_Geek
    SDLT_Geek Posts: 2,498 Forumite
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    user1977 said:
    Ok, either they assumed civil partners/married or they've just got it wrong. If you each independently own properties then it doesn't come into stamp duty calculations.
    That is right, so long as OP is not a "joint purchaser" of the house with her.  That could be if OP has an underlying share in it, even if only her name is to go on the registered title.  Is OP putting in any capital to her purchase?
  • michno8
    michno8 Posts: 63 Forumite
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    No, Im not putting any capital into it. She is, buying outright with the money from the sale of her home. I own mine outright. 
  • _Penny_Dreadful
    _Penny_Dreadful Posts: 1,073 Forumite
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    You’re not in Scotland are you where the applicable tax is LBTT not stamp duty? 
  • jonnydeppiwish!
    jonnydeppiwish! Posts: 1,197 Forumite
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    edited 28 March at 5:44PM
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    Your post is contusing. Assuming it’s above the threshold, yes she’ll have to pay stamp duty whether she’s with you or not.

    Unless you are querying whether solicitors have added she should be paying the extra 3% in England?
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • km1500
    km1500 Posts: 2,331 Forumite
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    edited 28 March at 7:22PM
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    if you are not married or in a civil partnership and if you're each owning your own property (ie the other does not own part of it) then there is no extra 3% to pay

    your partner will obviously have to pay the normal stamp duty depending on the price of the property she is fine
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