Hi
I have recently separated from my wife. We owned a home with a joint mortgage and joint tenants. I recently moved out and bought a new home, and in doing so paid the 3% second home SDLT.
We are currently agreeing the terms of the divorce. So far, we have an understanding between us that i have taken cash in exchange for my proportion of the equity i had in the house. I will therefore make no claim to owning the house. However, i am still on the deeds and still on the mortgage, though we have changed this to tenants in common.
The house has a 5 year fixed mortgage on it, and my wife doesnt have enough income to obtain a mortgage on her own. As this is my sons home, we have an understanding that my wife will continue to make the payments (as our financial separation in the divorce will state this), but i will remain joint on the mortgage for as long as my sons needs this. I understand i will likely be liable for this debt, credit link and so on, but my son has special needs and so dont want to add a changing house into what is already a period of huge change.
However, i am keen to understand whether i can claim a refund on the second home SDLT that i have paid. I bought my new home 4 months ago.
Is there a process i can follow, or any set of forms i can fill in with/without the help of a solicitor that i can follow whereby i can in effect relinquish ownership of the home my wife will keep such that i can honestly say i only own one home and claim a refund, while also ensuring the mortgage company are happy such that i dont cause any problems for my son remaining in his home?
Any help greatly appreciated on what i would need to do or a rough process i would need to follow. Equally, if this is all too complicated ofr any advice, is it a tax, property or divorce expert i need!
Thanks,
Chris
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