Stamp duty refund?

Nattylou74

Timeline

May 1998 – xdh and I bought house in joint names

July 2019 – xdh threw me out of the house

May 2020 – divorce finalised

October 2022 – I bought a house for me to live in (in my name only)

May 2023 – xdh had marital home repossessed as he “forgot” to pay the mortgage (could afford to buy his fiancée an expensive ring though)

September 2023 – changed back to maiden name

 

When I purchased my house, I was told by my solicitor that I would have to pay stamp duty as my name was on the mortgage for the marital home, but I could request a refund. 

 

Is this a thing, and how would I go about doing it?

 

Thank you

bobster2

I assume you mean that when you bought your current house you had to pay additional SDLT because you still were a joint owner of the house with your ex-husband.

You can apply for a refund of the higher rates of SDLT for additional properties if you’ve sold what was previously your main home within 3 years of buying the new property that became your main home. I assume that having that previous main home repossessed would be similar to selling.

BUT - I think you need to apply for the refund within 12 months after the date of sale of your previous home. If it was repossessed in 2023 you may now be too late.

Bookworm225

as above, you are 11 months too late

SDLTM09809 - SDLT - higher rates for additional dwellings - Condition D - claiming a refund - HMRC internal manual - GOV.UK

Where the sale of the previous main residence takes place on or after 29 October 2018, a refund must be claimed:

• within 12 months of the sale of the previous main residence, or
• within 12 months of the filing date of the SDLT return relating to the new residence, whichever comes later.

SDLT_Geek

Nattylou74 said:

Timeline

May 1998 – xdh and I bought house in joint names

July 2019 – xdh threw me out of the house

May 2020 – divorce finalised

October 2022 – I bought a house for me to live in (in my name only)

May 2023 – xdh had marital home repossessed as he “forgot” to pay the mortgage (could afford to buy his fiancée an expensive ring though)

September 2023 – changed back to maiden name 

When I purchased my house, I was told by my solicitor that I would have to pay stamp duty as my name was on the mortgage for the marital home, but I could request a refund.  

Is this a thing, and how would I go about doing it? 

Thank you

I am assuming the property you bought in October 2022 was in England, so the relevant stamp duty is stamp duty land tax.

As others have said, if there was a right to reclaim the extra 3% SDLT paid on the October 2022 purchase, an application would have to be made within 12 months of the sale of the former matrimonial home.

There is a more fundamental problem though.  For there to have been a right to claim the extra 3% SDLT, some three year tests need to be satisfied.  You appear to fail one of them: you had not lived in the former matrimonial home within the three year period before your October 2022 purchase.

Nattylou74

SDLT_Geek said:

Nattylou74 said:

Timeline

May 1998 – xdh and I bought house in joint names

July 2019 – xdh threw me out of the house

May 2020 – divorce finalised

October 2022 – I bought a house for me to live in (in my name only)

May 2023 – xdh had marital home repossessed as he “forgot” to pay the mortgage (could afford to buy his fiancée an expensive ring though)

September 2023 – changed back to maiden name 

When I purchased my house, I was told by my solicitor that I would have to pay stamp duty as my name was on the mortgage for the marital home, but I could request a refund.  

Is this a thing, and how would I go about doing it? 

Thank you

I am assuming the property you bought in October 2022 was in England, so the relevant stamp duty is stamp duty land tax.

As others have said, if there was a right to reclaim the extra 3% SDLT paid on the October 2022 purchase, an application would have to be made within 12 months of the sale of the former matrimonial home.

There is a more fundamental problem though.  For there to have been a right to claim the extra 3% SDLT, some three year tests need to be satisfied.  You appear to fail one of them: you had not lived in the former matrimonial home within the three year period before your October 2022 purchase.

I was thrown out of the house following a sexual assault, on me by my ex. I didn't just get up and walk out. I had no desire to ever be in that house again after that.