stamp duty on purchase at divorce

[mutantpoodle]

as 'joint' owner but getting divorce
we would sell current house and each buy separately

not guaranteed in an order!!

would we be subject to double stamp duty? as it might be a second home?

[Eboli]

Hi mutant poodle,

I've noticed you've not had a reply and wonder whether that's because the question is not precisely phrased. For example does your comment

not guaranteed in an order

refer to a Court Order on separation or is it a typing error that means 'not in that order'. It may be helpful to reconsider the problem and re-phrase it, perhaps?

You might find the best starting place is the published HMRC Stamp Duty Land Tax instructions (SDLT manual. For example if you were worried about the effect of separation this would be where you would start:

https://www.gov.uk/hmrc-internal-manual ... sdltm09820

Eb.

[mutantpoodle]

ok
yes I meant 'not in that order'

naturally I don't know in what order events will happen

I am just interested to know if 'we' might be hit with double tax if marital house not sold first

in fairness its unlikely to change events but...……….

[dealtn]

You won't be a first time buyer, so unless (either of) you are buying a property for less than £125k you will be liable to Stamp Duty Land Tax as far as I am aware on your next property purchase.

However second homes are liable to a higher rate of SDLT than ordinary transactions, and it may be, reading between the lines of your enquiry, that you are concerned you will be liable to the higher rate should one of you (presumably not both) buy a new property before the original first property is sold. I don't know the exact law here, and no doubt your solicitor will advise you, but there is an exemption in place such that whilst the higher rate is charged, it can be reclaimed should the first property be sold within a time frame, which I think is 3 years.