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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 15639
Experience:  I have been practising for 30 years.
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I am separated from my wife, but not yet divorced. However,

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Hi. I am separated from my wife, but not yet divorced. However, I consider the separation to be permanent. I am currently renting a house; if I buy a house, will I have to pay the higher rate of stamp duty? I am listed as a joint owner on our former family home. Thanks.
JA: Where are you? It matters because laws vary by location.
Customer: South Yorkshire
JA: What steps have you taken so far?
Customer: None
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore I maybe delayed in replying.

for background -

how long were you together and married in total?

and you dont wish to sell the marital property?

Customer: replied 6 months ago.
Hi. We’ve been together for 17yrs and married for 11. We separated earlier this year and she is still icing in our former family home with our daughter. I am concerned about how long I will be renting before we are in a position to sell the home as I expect reaching agreement will be quitedifficult. As such, I am weighing the options and trying to work out how much it would cost me to buy somewhere to live while this is all sorted out, vs. renting for an unknown period of time, which is just dead money.

You will have to pay the higher rate of stamp duty unless any transfer of the original property into your wife’s name is ***** ***** to a court order and there is an order for the property to be sold in the future or if you buy this house and then dispose of the old one within three years. You can then recover it.

I don’t know whether your only concern is Stamp Duty Land Tax or there is anything else that I can assist you with.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.


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