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Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.
Sorry so to be absolutely clear, you will be selling your flat and buying a new property with your partner but at the same time, you will be retaining her flat and you want to pay the 3% additional stamp duty on her flat which she already owns?
Ok, you cannot do that unfortunately, the 3% is due on the property you are buying not one you already own. That said, you should be able to avoid the 3% as this will be a main home where the additional rate is not due anyway. I trust this assists
Let me know if you have questions