Second Property SDLT

[Lynds001]

Hi,

Sorry if this isn't explained very well but after spending the day looking through guidelines i'm so unbearably confused that I am hoping somebody may be able to help?

Myself and my partner are just in the process of accepting an offer on his property and buying jointly. I have a property that I bought (to live in myself) 8 years ago, but when I moved in with my Fiance my mum moved in and took over mortgage payments. It is still a residential mortgage and as she is a family member no AST or any formal contracts exist etc.

The idea was to use the equity from my Fiance's property as the deposit and i 'gift him half of the property that my mum is living in with a view to enabling her to stay in the property for as long as she would like. My question is weather doing this means that we will be subject to the additional stamp duty.

My fiance's house has been my main residence since the start of the year (i'm on the electoral roll etc)

As I say any help would be hugely appreciated

Many Thanks

[maths]

I assume you are not married.

If partner owns his property 100% and lives in it with you (ie its the residence of both of you) and he then sells it and you both jointly then buy a new home which is to be your and partner's residence the 3% will apply.

The 3% will not apply if within the 3 years prior to the date of the new joint purchase the property you own was your residence and you dispose of 100% of your interest in the property.

[SDLT Geek]

The value of the property you own where your mother lives is relevant. Say it is under £80,000. You mention that you have it in mind to gift a half share in it to your fiance. If you do this before the purchase then each of you will have a half share worth under £40,000. So on the face of it the interests in the property where your mother lives should not count against either of you on your purchase for the purposes of the higher rates of SDLT.