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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10606
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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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: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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

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