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Where Taxpayers and Advisers Meet

Buying new house with partner but having to pay higher stamp duty

NP1158
Posts:1
Joined:Thu Jan 27, 2022 6:09 pm
Buying new house with partner but having to pay higher stamp duty

Postby NP1158 » Thu Jan 27, 2022 6:15 pm

Hi, my ex-wife split from me over 4 years ago but remained in our martial house with the two children. I’m now divorced. The mortgage still has my name of it although she pays the full amount. Also, she doesn’t want to sell or buy me out. I have been living with my new partner for the past 3 years at her house, this being my main residence. We now plan to move and buy a house jointly. I’ve been told that I will have to pay the higher stamp duty. In addition, I am liable for any capital gains tax when my wife sells the house. Seems I being taxed twice! Is that correct?

bd6759
Posts:4254
Joined:Sat Feb 01, 2014 3:26 pm

Re: Buying new house with partner but having to pay higher stamp duty

Postby bd6759 » Fri Jan 28, 2022 12:51 am

The property will be disregarded if it is subject to a property adjustment order.

https://www.gov.uk/hmrc-internal-manuals/stamp-duty-land-tax-manual/sdltm09797


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