Do I need to pay stamp duty if I am buying a house due to divorce?

[Namechanger2015]

Hi,

I am divorcing and I have read somewhere (on a few websites) that if a house purchase is due to a divorce, the buyer is exempt from paying stamp duty. These seems to be a vague suggestion on newspaper articles etc but I can't find anything concrete to back this up.

Does anyone know if this is true? Will I need to pay stamp duty as I am purchasing due to divorce?

I have a signed consent order stating family house must be sold - exh is now buying this from me in a transfer of equity. We have a consent order issued by court.

[Ilovecrumpets]

I may be wrong but I think it is that you are exempt from the stamp duty surcharge not stamp duty itself - this was the additional 3% stamp duty owed if buying in addition to main residence.

[TittyGolightly]

You don’t pay stamp duty if you’re buying your ex out of their part of the property. If you’re selling and buying a new house with your proceeds you pay stamp duty as normal.

[Trills]

www.gov.uk/stamp-duty-land-tax/reliefs-and-exemptions

You don’t have to pay SDLT or file a return if:
property is transferred because of divorce or dissolution of a civil partnership

From the phrasing ("transferred") I think if you are buying the other person's share of a family home, you don't pay stamp duty on the part that you are buying.
If you are buying a different house, I doubt there's any exemption.
I'm not an expert.

[Knittedfairies]

I thought that the stamp duty exemption was only if one of the separating couple bought out the other on a property they owned jointly. Could be wrong though.

[Ilovecrumpets]

Yes if transferring your share to your spouse then the other person doesn’t pay stamp duty on the transfer.

You buying a new property would pay stamp duty on the new property.

[Namechanger2015]

Oh. So he does not pay stamp duty on buying the house from me, but I will still have to pay on a new property?

This seems a bit unfair if I am the one going to be homeless?

[MandrakeLake]

Yes, that's right. He won't pay stamp duty on the transfer or "buying you out" but any new property purchased is liable for the full stamp duty.

[Namechanger2015]

Thank you, that's good to know.

[TittyGolightly]

This seems a bit unfair if I am the one going to be homeless?

Factor it into the divorce settlement then.

[NeverTwerkNaked]

Think the suggestion to negotiate this into the settlement is the best one.
I didn’t pay stamp duty on buying my ex out of his share of the house. I guess he will have to pay when he proceeds to purchase. I didn’t even think of that. I would actually have agreed it was fair to reflect that in the split (and he was horribly abusive to me!)

[Onlyoldontheoutside]

I moved out of the marital home and purchased a new house,I had to pay extra stamp duty as I owned a house and on the deeds of marital home.I have 3 years to claim the extra back.Nearly 2 years on and that house is finally on the market,fingers crossed.