Transfer of property due to divorce

Peter999_2

Many thanks for the reply, it is appreciated.

We are definitely seperated and it is going to be permanent, the new property is being bought solely in my name and it will be only my name on the deeds.   We applied for the divorce and have got a hearing in November, and we are currently completing a financial consent order (through a different on-line solicitor).  Fortunately we are both adults and it is very amicable but we both wanted and want to be seperated and there is no prospect of a reconcilliaton.

Have you got a link or anything I could give to my solicitor?   He has given me the following link : 

https://www.gov.uk/government/publications/stamp-duty-land-tax-apply-for-a-repayment-of-the-higher-rates-for-additional-properties

Which he says means that I cannot claim the SDLT back unless my wife sells the property (which she is not going to do).     I will be living in our current property until I move to my new house.

I have found a different goverment link to say that I can either "give away" or sell the property to be able to claim the SDLT back so surely this means I am "giving away" the house to my wife : 

Higher rates of Stamp Duty Land Tax - GOV.UK (www.gov.uk)

Any help is gratefully received.  

SDLT_Geek

Peter999_2 said:

Many thanks for the reply, it is appreciated.

We are definitely seperated and it is going to be permanent, the new property is being bought solely in my name and it will be only my name on the deeds.   We applied for the divorce and have got a hearing in November, and we are currently completing a financial consent order (through a different on-line solicitor).  Fortunately we are both adults and it is very amicable but we both wanted and want to be seperated and there is no prospect of a reconcilliaton.

Have you got a link or anything I could give to my solicitor?   He has given me the following link : 

https://www.gov.uk/government/publications/stamp-duty-land-tax-apply-for-a-repayment-of-the-higher-rates-for-additional-properties

Which he says means that I cannot claim the SDLT back unless my wife sells the property (which she is not going to do).     I will be living in our current property until I move to my new house.

I have found a different goverment link to say that I can either "give away" or sell the property to be able to claim the SDLT back so surely this means I am "giving away" the house to my wife : 

Higher rates of Stamp Duty Land Tax - GOV.UK (www.gov.uk)

Any help is gratefully received.  

The guidance is rather all over the place for this scenario, but the second set of four conditions here are relevant: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09800

Also the first three paragraphs of this: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09820

If you are not frightened of legislation, the place to look is Finance Act 2003 Schedule 4ZA para 3, especially para 3(7).

Peter999_2

Hi all,

Just to update this thread in case anyone has the same thing in the future.

I finally got the final divorce order through at the beginning of April so applied for the refund.   I'm happy to say that I received it today so my solicitor was wrong (he told me I couldn't claim it back).

Many thanks to SDLT_Greek for your help, it was very useful.

I actually received slightly more than I paid, I'm not sure why but presumably I will get a letter detailing it in the next few days.

chalky_white_2

SDLT is a self-assessment tax, so HMRC will refund what you put should be refunded, it will not run its own calculations to check. 

On review of the thread, your divorce (the Final Order / Decree Absolute) was not relevant to the refund, that required the matrimonial home being transferred into your wife’s sole name. Presumably this has happened, as you had the money for the purchase.