Postby maths » Sat Mar 03, 2018 9:47 pm
Where two persons are purchasing a dwelling then first time buyer relief only applies if each such person qualifies as a first time buyer.
You partner owns a property and thus cannot so qualify. This is the case irrespective of her property history (as suggested by SDLT Geek) or any other circumstance.
The intention of the legislation is, of course, to help the literal first time buyer as might be commonly understood.
However, the phrase above "two persons are purchasing a dwelling" tends to implicitly assume (as my comments assume) that each person acquires a beneficial interest in the property acquired.
If therefore the property was purchased jointly (including both on the mortgage deed) but with you possessing 100% of the beneficial interest (partner 0%) first time buyer relief would apply.
Your partner and you would be trustees of a bare trust but only you would have a beneficial interest in the property.
This approach is adopted in the classic case where a child needs a parent to be a joint borrower as the child's income is insufficient alone to obtain a mortgage.
It may be that your partner is not happy to be on the hook for the mortgage if she does not acquire a beneficial interest. One option in this case (would be for you to agree with her to indemnify her against any claim by the mortgagee).
Overall, not necessarily an attractive practical option for her but I believe is SDLT effective.