How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Aston Lawyer Your Own Question

Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10228
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

My husband, along with his brother and sister, has inherited

Resolved Question:

My husband, along with his brother and sister, has inherited his father's house upon his death. He has paid a third of the value to his brother and a third of the value to his sister (he had the house valued). He has been told that he will have to pay stamp duty to "purchase" the house as he is still married. He does not own another property as he signed the house over to me (we have been separated for many years although he still lives with me as my housemate).
Surely he doesn't need to "purchase" something which he already owns!
I would be grateful for your clarification in this matter.
Thank you.
Submitted: 3 months ago.
Category: Law
Expert:  Aston Lawyer replied 3 months ago.

Hi,

Thanks for your enquiry.

To enable me to answer you fully, could you confirm the following-

1. How much has your Husband paid to his brother and sister?

Kind Regards

Al

Customer: replied 3 months ago.
He has paid £45,000 to each of them i.e. £90,000 in total (the house was valued at £135k)
Expert:  Aston Lawyer replied 3 months ago.

Hi, thanks for your reply.

I am afraid for Stamp Duty purposes, a married couple are classed as 1 individual (even if you have "separated" but not divorced). Therefore, as you already own a property, your husband will have to pay Stamp Duty at the enhanced rate in the sum of £2,700.

However, if you were to sell your existing property within the next 3 years and you were then to move into the inherited property, your Husband could make a claim a refund of the full amount (£2,700).

Sorry this is not the answer you were looking for, but it sets out the legal position.

If I have answered your question, I would be grateful if you could rate my answer.

Kind Regards

Al

Customer: replied 3 months ago.
Thanks for your reply. If he doesn't pay the stamp duty on the house, what happens?! The house is still his! Does it mean the title won't be transferred into his name? So it would be a problem when he wants to sell?
Expert:  Aston Lawyer replied 3 months ago.

Hi, I'm afraid non payment is not an option if your husband wants the property legally transferred to him- this is because the Solicitor dealing with the Transfer has to submit a Stamp Duty return on completion of the purchase, and which evidence needs to be supplied to the Land Registry, before they will register the Transfer. HMRC will see from the information provided that Stamp Duty is payable, and if it is not paid within 30 days from the date of the Transfer, interest will be added and an instant fine of £100. If the Stamp Duty remains unpayable for 2 months, an additional fine of £100 is payable and as it is in a criminal offence not to pay, your Husband does really need to pay it. If he doesn't, the Transfer can't be registered and hence he won't be able to become the legal owner, leaving a question ***** *****ging over who indeed does own it. I hope this clarifies the position. Kind regards Al

Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10228
Experience: Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
Aston Lawyer and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice