I can't seem to find a straight answer anywhere for this.
Scenario
I purchased a flat 5 years ago (Property A). It was my sole residence.
I met my now fiancee. She moved in with me. She owned no properties. We lived there together for about a year.
We then purchased a home together in 2021 (Property B). We paid the surcharge because I still owned the flat.
I am now selling my flat. My expectation is that I will be due a refund on the surcharge.
The issue is that one year after we bought our home, my fiancée's mother gifter her a property (property C). It has never been lived in by me or the fiance, it has always been rented out. It is currently empty - no mortgage. I currently have no beneficial interest in that property as we are not yet married.
Question: does my fiance receiving the property now mean that we cannot claim a refund?
All of this is in England
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