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?
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.
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