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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 24624
Experience:  Senior Partner at Berkson Wallace
11292137
Type Your Law Question Here...
Stuart J is online now

Stamp Duty Land Tax. Stamp duty Land Tax. My wife and I have

This answer was rated:

Stamp Duty Land Tax.
JA: Where is this? It matters because laws vary by location.
Customer: Stamp duty Land Tax. My wife and I have decided to separate after 38 years of marriage. We jointly own our current house, mortgage free, and separation is mutual and we plan to remain friends. The plan is for her to remain in our current house for the foreseeable future. We have made an offer for another house for me to live in, in joint names. We have discovered that the purchase price is subject to an additional 3% stamp duty rate as it will be considered a second home. Is there any way we can legitimately avoid this additional tax
JA: What steps have you taken so far?
Customer: We have had an offer accepted and appointed a conveyancing solicitor to handle the transaction
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello. Thank you for the question. It is my pleasure to assist your with this today.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Why does this house have to be in joint names?

and are you going to legally separate in order to have financial settlement?

Customer: replied 12 days ago.
We had not planned to legally separate

There is no stamp duty on a transfer pursuant to a divorce.

However there is a concession in one house is being purchased before the family home is sold or transferred

I can probably do no better than you have this article from a firm of solicitors:

https://www.otsfamilysolicitors.co.uk/news/divorce-property-and-stamp-duty-holiday

And then afterwards, answer any specific questions you have.

Stuart J and 3 other Law Specialists are ready to help you