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Where Taxpayers and Advisers Meet

Divorced, buying new home and extra stamp duty

SDLT Geek
Posts:232
Joined:Sun Apr 30, 2017 5:45 pm
Re: Divorced, buying new home and extra stamp duty

Postby SDLT Geek » Sun Mar 18, 2018 10:09 am

maths, we seem to be in agreement. Let us hope for the sake of the OP that the order was indeed made under s24(1)(b).

Shoreline
Posts:3
Joined:Sat Mar 10, 2018 9:56 am

Re: Divorced, buying new home and extra stamp duty

Postby Shoreline » Sun Mar 18, 2018 2:57 pm

Hi

Unfortunately there is no mention of the MCA 1973 section 24 (1)(b) in his Consent Order.
The Consent Order says that the family home shall be placed on the open market for sale immediately. It happens that his former wife continues to live there until the sale goes through but this was not a requirement of the Consent Order, just what they have agreed. There are no children involved.
This property is on the market now but has no offers yet. As mentioned before, when sold, the Consent Order provides that the proceeds be spitl 50/50.

My partner (to become my husband next weekend) and I are to complete on the purchase of a new flat next month (before the former marital home sale completes).

It seems that he will have to declare his interest in his former marital home when we complete the purchase on our flat (as the former marital home will not have been sold by then) and we will be subject to an SDLT surcharge of £11,000. This surcharge has come as a unexpected surprise and cost to us. This does not seem fair. If we waited until the former marital home is sold, a matter of months, I understand we would not incur the SDLT surcharge.

I wanted to check that this is the case ie. that we have to pay the SDLT surcharge, or if there is any way in which his interest in his former marital home can be disregarded. Or if we do have to pay the surcharge, whether it can be claimed back when the former family home is sold later this year (noting that he has not lived there for over three years).

Thanks you for any advice provided - it is appreciated.

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: Divorced, buying new home and extra stamp duty

Postby maths » Sun Mar 18, 2018 5:39 pm

Unfortunately, it seems that the new s9B provision mentioned above is of no help.

The transitional provisions introduced when the 3% charge was originally introduced would have helped if the ex-marital home could be sold before your new joint purchase; however, if this cannot be achieved then the 3% will apply.

SDLT Geek
Posts:232
Joined:Sun Apr 30, 2017 5:45 pm

Divorced, buying new home and extra SDLT, new Guidance

Postby SDLT Geek » Sat Apr 07, 2018 8:18 am

Although it does not help OP, for future reference HMRC have now published in their Manual some information about the 22 November 2017 changes including the position of someone tied into ownership of a former marital home following divorce. Here is a link: https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09820


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