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SDLT - changing main residence / husband owns a property that he lets
Sazot
Posts: 6 Forumite
My now husband bought (now owns outright) a property several years ago (before we met) as his main residence and for £28k (needed significant works).
I bought a mortgaged property in my name after a divorce. My husband eventually moved in (so this property would be his main residence but he was not added to mortgage or deeds) and let his property.
We are now buying a property together. Would we be liable for the higher rate SDLT. We have only just got married.
I bought a mortgaged property in my name after a divorce. My husband eventually moved in (so this property would be his main residence but he was not added to mortgage or deeds) and let his property.
We are now buying a property together. Would we be liable for the higher rate SDLT. We have only just got married.
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Comments
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No. A married/ civil partnership couple that are living together, replacing their PPR for a new one, don’t pay the higher SDLT.If he wasn’t already living with you then it would be a different story. As you are married your home counts as your joint home, so as that one is considered belonging to both of you, neither will be increasing the number of properties you own.I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.3
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We are selling my property and buying a new property together - this should complete on the same day.user1977 said:
Are you selling either/both of the properties you own?Sazot said:My now husband bought a property
I bought a propertyWe are now buying a property together.The property my husband owns remains let.1 -
Thanks for your reply. Could I check where this is recorded in the “rules” issued by Gov.uk?silvercar said:No. A married/ civil partnership couple that are living together, replacing their PPR for a new one, don’t pay the higher SDLT.If he wasn’t already living with you then it would be a different story. As you are married your home counts as your joint home, so as that one is considered belonging to both of you, neither will be increasing the number of properties you own.I’ve tried to locate this but as a lay person find it baffling.0 -
Sazot said:My now husband bought (now owns outright) a property several years ago (before we met) as his main residence and for £28k (needed significant works).
I bought a mortgaged property in my name after a divorce. My husband eventually moved in (so this property would be his main residence but he was not added to mortgage or deeds) and let his property.
We are now buying a property together. Would we be liable for the higher rate SDLT. We have only just got married.You have confirmed since that you are selling the property in which both you and your spouse have lived as your only or main residence.As others have said, this allows your spouse to take advantage of the “replacement rules“ even though it is you (his spouse) who is selling rather than him. You will find the guidance on this at SDLTM09800.1 -
Example 1 here sounds like exactly your situation.
https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09810
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