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Category: Property Law
Satisfied Customers: 145
Experience:  Expert
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I live in the Uk Me and my husband have a joint mortage.

Customer Question

Hi I live in the Uk
Me and my husband have a joint mortage. Just wondering if we Split up and I take my name of the mortgage. Would i have to pay the second property stamp duty if I buy a new property
Submitted: 14 days ago.
Category: Property Law
Expert:  ChrisB4147 replied 14 days ago.

Hi, thanks for the question.  I’m Chris and I’m a Solicitor in litigation/family matters. I will be happy to assist you and hope to provide a full response as quickly as possible.

This is a question and answer service rather than an instant chat service, and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can.

sorry to hear about your relationship. I have a few questions if you don’t mind, just so I can clarify your position. This will assist me in providing you with a comprehensive answer. Have you started divorce proceedings? Are you giving him the house in return for any money?

Expert:  ChrisB4147 replied 14 days ago.

I'm following up on the above. Without some further information from you as above, I am limited in what I can say on the matter but in the hope it is helpful nonetheless, I will provide you with the following broad answer.

If you are not yet going through the divorce process and there will be no financial order then you can agree to transfer the property to his name and thereafter purchase another property. If you transfer the current property at the same time (or just before) purchasing a new property then it is, in effect,  you simply moving your main home from one to another. If you do not take your name off the mortgage and you buy another property then you will have to pay second property stamp duty.

If you dealt with it through the divorce process in a financial order then it would not matter if you kept your name on the property because the financial order could say that you give up any rights to the property in any event. Therefore if you bought another property it would not be classed as a second property for stamp duty purposes.

I hope that I have answered your question? Simply reply back if you require additional information and I will be happy to help with any follow up questions.  Thank you and I wish you all the best and hope the matter gets resolved.

Customer: replied 14 days ago.
Thank you. Answers question. What if we remained married but I took my name of current mortgage and brought another property
Expert:  ChrisB4147 replied 14 days ago.

As long as your name is ***** ***** the current property when you purchase the new property then that will be fine. (You taking your name off the current property and place your name on a new property can take place at the same time).
It has to be off the property

Customer: replied 13 days ago.
would it be fraud if my name was off the first mortgage but I still contributed to paying it
Expert:  ChrisB4147 replied 13 days ago.

Not really. You are just paying some form of maintenance.