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Stamp duty when separated but not divorced
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Cark2
Posts: 4 Newbie
My daughter and her husband lived in rented accommodation while together, they have been separated for 5 years and have no financial ties and have not bothered with a divorce. Since separating he bought a house and lives in it with a new partner. My daughter now wants to buy a house and I am worried it may be treated as second home for stamp duty purposes even though she has had no financial input to his house and does not have any claim to it.
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Why don't they just divorce properly?1
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Cark2 said:My daughter and her husband lived in rented accommodation while together, they have been separated for 5 years and have no financial ties and have not bothered with a divorce. Since separating he bought a house and lives in it with a new partner. My daughter now wants to buy a house and I am worried it may be treated as second home for stamp duty purposes even though she has had no financial input to his house and does not have any claim to it.
No need to worry: being married to someone who owns a property does not make you a property owner.0 -
Is the house she would buy in England, so the relevant stamp duty is stamp duty land tax?Cark2 said:My daughter and her husband lived in rented accommodation while together, they have been separated for 5 years and have no financial ties and have not bothered with a divorce. Since separating he bought a house and lives in it with a new partner. My daughter now wants to buy a house and I am worried it may be treated as second home for stamp duty purposes even though she has had no financial input to his house and does not have any claim to it.If so, the property her husband owns should not be relevant to your daughter’s purchase for SDLT purposes. Even though they are married, they are separated in circumstances likely to be permanent.0 -
They really should not leave things as they are, SDLT may not be an issue but if she died intestate it would be.2
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And her ex husband would get everything in that scenario.Keep_pedalling said:They really should not leave things as they are, SDLT may not be an issue but if she died intestate it would be.0
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