SDLT Query - marriage and second property?

SDLT Query - marriage and second property?

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Discussion

g3org3y

Original Poster:

20,627 posts

191 months

Tuesday 26th April 2016
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Hi all,

A bit of advice please re SDLT (which seems to be legalised robbery anyway...) because it will make quite a notable difference to things.

My wife owns a flat in London. She owned it before we were married. She pays the mortgage and all the bills. Her name is on the deeds. I have nothing to do with it.

I am looking to buy a house in Essex. This will be entirely funded by me, mortgage paid by me and it will only be my name on the deeds.

It is planned that we will live together in the new house so this will replace the flat as her 'main residence'. I already rent in Essex.

Where do I stand from an SDLT point of view given the above situation?

The London flat is nothing to do with me, however as we are married does this count for me as a 'second property' and as such make me eligible for the higher charge (an additional 16k or so!!).

Would appreciate your opinions chaps. TIA smile

Edited by g3org3y on Tuesday 26th April 22:12

SunsetZed

2,249 posts

170 months

Wednesday 27th April 2016
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I'm sure an expert will be along shortly but as I understand it yes you will get hit with the additional 3% because you're married now, simple as that.

Sarnie

8,044 posts

209 months

Wednesday 27th April 2016
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SunsetZed said:
I'm sure an expert will be along shortly but as I understand it yes you will get hit with the additional 3% because you're married now, simple as that.
+1 the marriage is considered to be a single unit of two people, hence if one of you owns a property, it applies to you both......otherwise there would be a raft of married couple transfering each other off jointly owned properties, to to then buy in individual names......

g3org3y

Original Poster:

20,627 posts

191 months

Wednesday 27th April 2016
quotequote all
Thanks chaps, appreciate the input.

Much as I feared. Not a happy bunny frown

Rangeroverover

1,523 posts

111 months

Wednesday 27th April 2016
quotequote all
I found a way out of it, Divorce, it very quickly divested me of the spare property...........next time I will find someone who hates me and give them a house, so much quicker

g3org3y

Original Poster:

20,627 posts

191 months

Wednesday 27th April 2016
quotequote all
Rangeroverover said:
I found a way out of it, Divorce, it very quickly divested me of the spare property...........next time I will find someone who hates me and give them a house, so much quicker
I'll suggest it to the OH! biggrin

Only been married a few months. Suffice to say, it has (and is) costing me a lot of money. frown

Given the amount of saving and hard work to get the deposit plus a fair old chunk for SDLT, now having to find another 15k is rather demoralising.