Higher Rate Stamp Duty and complex divorce separation case

[davey56789]

Hi my partner and I have been living together for two years and are now in the final throws of divorce (one of us is just finalising the final split of assets and Im just starting the process but have had a lot of mediation).

We have just ran into some problems with the rental property we ave so thought we would buy a house and put an offer in on a property around £315000 thinking if we could scrape the deposit we could then pay off the mortgage once our divorce settlements are finalised.

So Ive been looking at Stamp Duty and at this stage both of us have stakes in our old family homes but neither of us have lived there for three years or intend to live there. The divorces will mean these homes will be sold or our assets in them disposed of this year.

Just looking at the extra 3% rules for stamp duty, it looks like we will pay the extra 3% because we have an interest in another property but it also looks like we can get that back when the divorces are finalised. But there are a number of questions Im not sure of:

a) If we both buy the house as a joint tenants and joint owners (but were not married) is the stamp duty paid as a whole or in two parts as we are technically buying as individuals sharing the purchase.
b) If the above is true does that mean each of us will get a rebate when each of the divorces is finalised?
c) If a) is untrue - i.e. the extra stamp duty applies jointly to both of us - does that mean therefore that we wont get a rebate until after we are both divorced?

Im kinda quite worried about the whole thing as Im wondering really whether a situation like this has been tested yet - neither of us have a court approved separation agreement atm

Thanks
Dave