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Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Note this question requires a combination of property law

Customer Question

Note this question requires a combination of property law and family law I suspect, as its a property question related to a divorce scenario.I want to know if there is any legal way to avoid paying additional stamp duty when the new ruling from 1st April comes into effect in the UK, when buying a 2nd residential property. In particular, my situation is that I am about to conclude a divorce, and have a mortgage on a residential house that I do not live in (I have been renting a flat since May 2015). My ex wife and kids live in the house, but I am paying the mortgage on it still. I want to now buy my own property and was told that I'd have to pay an extra 3% stamp duty. This seems unfair as I dont live in the house and whilst the house is planned to be sold, its not on the market yet - and I wanted to understand if my situation warrants any exclusion from this extra stamp duty. I was hoping that because I am living in rented property and in a divorce that this might be treated under an exception.
Submitted: 2 years ago.
Category: Property Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. Unfortunately, there is no exemption from the new stamp duty liability in your situation as you legally have another property, despite not living at the property and there are plans for it to be sold. You have a legal interest in that property which is the main reason that you would be subject to the new stamp duty rules. The only way you will not be subject to the new stamp duty rules is if the former matrimonial home is first sold and then you purchase the new property.I appreciate that this is not the answer you would wish for, however, if you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.