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Sam
Sam, Accountant
Category: Tax
Satisfied Customers: 13999
Experience:  26 HMRC expertise, PAYE, Self Assessment ,Residency, Rental Income, Capital Gains, CIS ask for Sam Tax
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I have lived with my husband for 5 years, married for 3

Resolved Question:

I have lived with my husband for 5 years, married for 3 years but never named on title deeds or mortgage. I have a flat of my own not lived in by me for over 15years that I have recently let out. Husband and I plan to move house and will take joint mortgage and title for new home. Do we need to pay additional 3% SDLT? Can we avoid by adding me to title deeds of current home now? Due to exchange in 8 weeks on new house.
Submitted: 1 year ago.
Category: Tax
Expert:  Sam replied 1 year ago.

Hi

Thanks for your question - I am Sam and I am one of the UK tax experts here on Just Answer.

Yes you will as you have another property already and adding you to the current deeds will not change that factor.

The only way to get around this is that husband makes new purchase in his sole name.

Let me know if I can assist further

Thanks

Sam

Sam and other Tax Specialists are ready to help you
Customer: replied 1 year ago.
would I be eligible for a refund if i sell the flat within 3 years? when I sell the flat how much CGT will be payable? (I am a highest rate taxpayer if that helps)
Thanks
Expert:  Sam replied 1 year ago.

Hi

I can reply to the stamp duty question but as the capital gain question is a new topic - I will need to send an additional services request (which will incur an additional cost)

So for the stamp duty - no you will not get a refund is you sell the flat within 3 years.as it is not your main residence up to the time the new purcahse was made and therefore are not replacing this sale with a new main residence.

Let me know if you wish to proceed with the capital gain question and I can send an additional services request.

Thanks

Sam