Stamp duty liability on primary residence for unmarried couple about to separateMake Text Bigger
I am a landlord and I have been living with my partner in the same jointly owned property for 13 years. We are now separating and she is happy for me to take over the property as I have been paying for it for the past 13 years anyway.
My current mortgage lender has done the affordability assessment as that has all been approved so we thought it was a case of instructing a solicitor and moving forward. However, it has been brought to my attention that because I also have a rental property and we were not married that I may have to have to pay stamp duty on my home again that I bought 13 years ago and paid stamp duty on it at the time and furthermore but I may also have to pay the 3% surcharge because at the point of taking over the property this will not be my only property (despite it been my only home for 13+ years). This doesn’t seem right????
It was suggested that if I were married, this second-time-around stamp duty wouldn’t have applied and if I was in a same-sex relationship and had entered into a civil partnership it also would also not be liable to stamp duty a second time.
This all seems very discriminatory against unmarried opposite-sex couples. I was also advised that any money transferred as part of the settlement will also be liable to stamp duty. Can anyone shed any light on this either from knowledge or experience perspective?
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