Stamp Duty Post Divorce

[peterneden]

Seeking to understand what SDLT is applicable for ex spouse and I when we both buy new homes post divorce and post sale of family home. We also continue to own 50% share in some rental flats and a holiday let

[AGoodman]

It should be the regular rate for whoever is buying ("B") provided:

- B had an interest in the prior family home (or you were still married and living together when it was sold)
- you sold it within the 3 years prior to the purchase of the new property;
- it was B's only or main home at some point during the 3 year period prior to the purchase; and
- at no time since the sale has B or B's spouse acquired an interest in any other dwelling with the intention of it being B's only or main residence.

Otherwise you are likely facing the higher rate during to the investment properties.