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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I got married in December 2015. Before I met my husband he

Resolved Question:

hello, I got married in December 2015. Before I met my husband he already owned a property, which we agreed if anything were to happen if we split up in the future that would be considered his. My name is ***** ***** the deeds of the house or the mortgage. The house has been rented out for 2 years, and we rent another house together in another area.
I am now in the process of buying a house in my name only (this will be the first mortgage I have ever had) and was advised by a mortgage advisor that because my name was not on the other property at all which my husband owns, it was bought before we had even met and the house I will be buying is my main residence that we would not be subject to the additional stamp duty rules.
However, I have found an article stating that it might be considered to be my property because we are married despite it being bought before we were together and my name not being on any of the paperwork (mortgage or deeds of house). Do you have any advice about this?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

I am afraid that married couples are seen as "one unit", and as your husband already owns a residential property, you will be liable for the Stamp Duty at the additional rate, as between you, you will own more than 1 property on completion of your purchase, and you are not replacing your main residence.

Sorry this is not the answer you were looking for, but if I have helped, please would you be kind enough to rate my answer.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi, if I have answered your question, I would be grateful if you could rate my answer, so I may get credited for my time. Thanks Al

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