To ask how to avoid 2nd home rate stamp duty

[Stampdutywoes]

Hear me out before you attack.

Currently living in rental property after splitting with ex partner. We own the home he is living in jointly.
The landlord of my rental wants to sell and I would like to buy it but the additional 5% stamp duty rate for what would count as a second home is a killer.
Are there any conveyancing solicitors who could advise on how to avoid (not evade) this extra 5%?

This talks through some of the more complicated cases
https://www.zoopla.co.uk/discover/buying/q-a-new-3-stamp-duty-surcharges/

Really????
Because you are coming across as anything but. You don't even know the council tax implications let alone long term issues of owning a home with a former partner who lives there whilst you don't.

OP, you’re at risk of losing your home if you buy a property with him. What if he gets married and then divorced? Or if he gets made bankrupt or dies?

You need to check that, just in case.

If the house your ex partner lives in is sold you will also have to pay capital gains tax on at least a proportion of your sale proceeds as you will only be able to claim private residence relief for the years in which you lived there.

This is off key. Unfair to have a second home and expect not to pay a duty that everyone else has to pay in the same circumstance. Have your ex buy you out and buy a new place for yourself. This is ridiculous. Cut the cord

Is that your professional opinion?

Well said

Although perhaps your username should be SemiRetiredFromExplaining

How silly. Cut ties with the first property and buy the second property in your own name. If you are divorcing then have that clean break.. move on with your life.

Estate agent?
Rightmove?
Zoopla?
It's not hard

It wouldn’t affect me as my share of each property would be mine.

Is the current property owned jointly or as tenants in common ?

No idea. It’s the one where ownership is passed to the surviving one if one of us dies.

I was expecting some vitriol but was hoping for some legal responses and maybe a few who could understand the dilemma
The same dilemma than everyone else who pays tax they would rather not have to pay.

I'm self employed. I don't really want to pay tax. I don't think it's fair. Is there a way to avoid paying? It's such a dilemma 😎

Financially savvy....

You should probably check that as they can have different implications.

What's the difference ?
Two houses are two houses?

@StampdutywoesSo have a whole property that’s yours! Of course what he does affects you! You would be required to sell to release his funds if he dies. This idea is madness. He might have all sorts of reasons why he might want to sell and release his money. To be honest, you both sound like naive idiots.

Legal professional here.

Op all the above is true. From what you have said you have been living separately for five years. I think that re enmeshing with him in the form of buying a property together is very short sighted. You should be thinking seriously about disentangling yourself from your ex at this stage, unless you harbour ideas of getting back together? Or being his next of kin should he die?

That sounds like joint tenants.

Presumably your accountant makes sure you only pay the tax you are legally required to pay otherwise he’s not very good. This is no different, I was only asking about options for tax avoidance not tax evasion.

I think you should see a professional who should have liability insurance.

With a decision of this size you run the risk of being wrong and it ruining your life forever.

You need someone to make the situation crystal clear in a legal way , and then if they get it wrong they are liable.

Then let him pay the price

Because you own a second property (as will your Ex). You have an interest in both. If he was to die you would have an interest in two houses

If the law didn’t work this way you could go round buying interests in rental properties without paying a second charge