Stamp duty on separating

[Gettingthereontheslowtrain]

I am separating from my dh, a slow process. I've decided as I am fortunate to have some means to buy a house to move into with dcs.
As I am still married I have to pay the higher rate of stamp duty as technically I am buying a second home. I'm worried that I won't get divorced within the 3 year period allowed as dh is in complete denial and these things take so long, also it is an extra cost now I could really do without. Is there any way round it anyone has been advised or experience of?
My solicitor is saying that I need to appoint a stamp duty expert which again is costly and I'm thinking surely this is not that unusual. So I'm appealing to mumsbet wisdom instead.

[Gettingthereontheslowtrain]

Anyone any experience of this? I've seen that sometimes a inbetween rate can be applied in special circumstances of 2/5%ish not 2 and 7%. Would this be such. Circumstance?

[chewybacca]

I did this. It was decided that the "family" home would be put in his sole name. I came off the mortgage.
I then bought a house in my sole name. A charge was put on the family home so that he was unable to sell it until divorce was sorted out. ( I think that was what it was called anyway)
I then only paid the lower rate as I only had one home.

[gettingthereontheslowtrain]

Really [chewybacca] so I'm worrying unnecessarily.
I'm not on the mortgage for the family home, but as I'm married i am named on the deeds. I think.
So if we are separating. No talk of divorce yet, were probably waiting the two years before starting proceedings, then this is irrelevant I just apply the lower rate?

[chewybacca]

That's what my conveyancer said. You may need to prove that you are permanently separating if you are not going down the divorce route immediately.
Good luck!

[gettingthereontheslowtrain]

Thanks chewybacca. I could cry, that's brill. I'll suggest to my solicitor/ conveyancer.
Hope things are going well for you.

[gettingthereontheslowtrain]

Drat [chewybacca] I've asked my solicitor and they are saying no o definitely have to pay the higher rate and then when divorces claim back.
Such a shame and a waste of a few £k.

[NewDayNewBeginnings]

I have just done this. Removed my name from House that my husband now lives in alone. Originally solicitors you the stamp duty money and held it... They contracted inland revenue who said I didn't need to pay it at all... Got it in writing from them and received my stamp duty back from the solicitors. That's all your solicitors need to do.

[mylifeisamystery]

I got divorced then bought a house, just in case he tried to claim my house.

[Gettingthereontheslowtrain]

Thanks newday and mylife*. I think the problem is the family home will be split 50:50 or whatever when we actually sort out finances and although I will have a house it is financed from my inheritance but is still half the value of our home. So in an eventual sorting of finances although it's inevitable I guess they will count both houses and split them there would still be money owing to me even after mortgages. So I can't take my name off without foerfeiting that pay out. And it still comes back to paying the higher rate of stamp duty for second homes now.
*mylife I'm not sure how waiting for a divorce before buying makes a difference other than if that's the only way you can afford it, sorry if I'm being a bit slow. It's a tough time and a lot to think about.
I know it would be simpler if I stayed in the family home, but that's not an option.

[Winditup]

As long as your name is on title deeds for family home you will have to pay higher rate stamp duty. The only way round it is having your name removed from title or if thats not possible right now, if your name is removed within 3 years of completing on new property you can claim refund from HMRC as you will then only own one home. Hope this helps.

[Gettingthereontheslowtrain]

Thank you winditup. I presume as I'm married my name is on the title deeds although I'm not sure. I must have a claim on the house no?

[Winditup]

Yes as you're married you would be deemed to have an interest in a property

[mylifeisamystery]

I was worried about the higher tax bracket therefore had to sell the FMH split 50/50 and got divorced, I then rented for a year. This was so he had no claim on my money or house and HMRC couldn't come after me

[mylifeisamystery]

I couldn't afford higher tax or wait for a refund.