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  • FIRST POST
    • neilhardy
    • By neilhardy 8th Feb 18, 5:11 PM
    • 4Posts
    • 0Thanks
    neilhardy
    SDLT on new purchase / transferring title
    • #1
    • 8th Feb 18, 5:11 PM
    SDLT on new purchase / transferring title 8th Feb 18 at 5:11 PM
    Hi All

    Heres the situation.

    I own my home my wife who lives in it with me is not on the deeds.
    She has a home from before we were married.
    We are selling my home that we live in now and buying a home in both our names that we both will live in, so its my only sole residence but my wife has another home which isnt her sole residence.

    My Question:

    Are we subject to higher rate SDLT ?

    If I buy our new home in my name only (bearing in mind this will be my only property) I assume we (I) will pay the lower rate SDLT ?

    Many Thanks
Page 1
    • SDLT Geek
    • By SDLT Geek 8th Feb 18, 7:39 PM
    • 240 Posts
    • 147 Thanks
    SDLT Geek
    • #2
    • 8th Feb 18, 7:39 PM
    • #2
    • 8th Feb 18, 7:39 PM
    You will not be liable to the higher rates of SDLT if both you and your wife have lived in your property as your only or main residence and provided you both intend to live in the new property as your only or main residence. It does not matter that your wife has another property, nor that she has no share in the ownership of the property where you both live.


    It makes no difference whether the new property is bought by you alone or jointly for the purposes of the higher rates of stamp duty land tax.


    It is crucial though that you are married.
    • 00ec25
    • By 00ec25 8th Feb 18, 7:45 PM
    • 6,382 Posts
    • 5,892 Thanks
    00ec25
    • #3
    • 8th Feb 18, 7:45 PM
    • #3
    • 8th Feb 18, 7:45 PM
    just to add some further context to the geek's post - a married couple are deemed to have one main residence between them, the one they live in. Whether both, or only one, owns that property is irrelevant.

    When they come to buy a new marital home, and sell their old marital home, the "replacement" rule applies as they have replaced one home with another, and therefore the higher rate SDLT does not apply as, overall, they have not increased the number of properties they own as a couple (it's still 2), and the one they replaced was their actual home.
    • neilhardy
    • By neilhardy 8th Feb 18, 7:50 PM
    • 4 Posts
    • 0 Thanks
    neilhardy
    • #4
    • 8th Feb 18, 7:50 PM
    • #4
    • 8th Feb 18, 7:50 PM
    Great Thankyou so much....
    • neilhardy
    • By neilhardy 8th Feb 18, 7:55 PM
    • 4 Posts
    • 0 Thanks
    neilhardy
    • #5
    • 8th Feb 18, 7:55 PM
    great !
    • #5
    • 8th Feb 18, 7:55 PM
    Thanks friends - just so I know I have it right....
    ************************************************
    My wife had her old home owned by her before I met her - she still has it - ( I never lived there).
    We then got married and had one marital home (owned solely by me) where we lived and we are married - we then sold it and are now buying another marital home where we will both live as man and wife.

    Ive never had 2 houses - but me wife still has the house she had before she met me.

    Are we still OK ? This board is the best thing since sliced bread.
    Last edited by neilhardy; 08-02-2018 at 8:03 PM.
    • SDLT Geek
    • By SDLT Geek 8th Feb 18, 9:07 PM
    • 240 Posts
    • 147 Thanks
    SDLT Geek
    • #6
    • 8th Feb 18, 9:07 PM
    • #6
    • 8th Feb 18, 9:07 PM
    You are still OK so long as your wife lived in your property with enough of a degree of permanence and expectation of continuity for it to count as her "residence".
    • saajan_12
    • By saajan_12 9th Feb 18, 9:33 AM
    • 1,228 Posts
    • 853 Thanks
    saajan_12
    • #7
    • 9th Feb 18, 9:33 AM
    • #7
    • 9th Feb 18, 9:33 AM
    Thanks friends - just so I know I have it right....
    ************************************************
    My wife had her old home owned by her before I met her - she still has it - ( I never lived there).
    We then got married and had one marital home (owned solely by me) where we lived and we are married - we then sold it and are now buying another marital home where we will both live as man and wife.

    Ive never had 2 houses - but me wife still has the house she had before she met me.

    Are we still OK ? This board is the best thing since sliced bread.
    Originally posted by neilhardy
    As a married couple, the unit owns 2 properties, the name on deeds becomes irrelevant. You both are deemed to live in one main residence. As you both as a unit are replacing THAT main residence, no higher rate SDLT due.

    For others reading this, note the being married is crucial. Else she would have no stake in his house, so wouldn't be 'replacing' ie selling her main residence.
    • neilhardy
    • By neilhardy 9th Feb 18, 5:19 PM
    • 4 Posts
    • 0 Thanks
    neilhardy
    • #8
    • 9th Feb 18, 5:19 PM
    • #8
    • 9th Feb 18, 5:19 PM
    The solicitor said as we had moved temporarily into a holiday let for a few weeks as the new house isnt ready it counted as the higher rate, I had to ring HMRC who said the fact you moved temp int a holiday let is irrellevant !!! and record the call and send it to her (the solicitor) !!!! Does anyone think I should be dumping her off ??
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