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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

So annoyed and frustrated - house purchase

10 replies

NewDayNewBeginnings · 16/11/2016 20:46

I left my H a few months back.. And have been purchasing my own house since the end of September. Few hiccups but all nearly sorted, was hoping to exchange and complete shortly.

So today a get home to a letter from my Sols saying that according to the law as in still married my Hs house is considered to be mine too... So now I have to pay 3% stamp duty on my house. 6 weeks I've been buying this house and they tell me this now. Either that or I have to get a separation agreement thing through the court... Anybody know how long that takes or costs?

Ive been keeping it together so well and now I just want to break down and have a child tantrum.

Who knows how long I'll be stuck in my current dump for

Aarghhh

OP posts:
bibbitybobbityyhat · 16/11/2016 20:49

Your post isn't very clear ...

What does "according to the law as in still married my Hs house is considered to be mine too... So now I have to pay 3% stamp duty on my house." actually mean?

daisygirlmac · 16/11/2016 20:53

If it's for the second home stamp duty you can claim it back if it is your main residence

NewDayNewBeginnings · 16/11/2016 21:01

H has a house. His house. I'm buying my own. Yes second house stamp duty fee

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NewDayNewBeginnings · 16/11/2016 21:02

Can I claim it back without getting a separation agreement

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daisygirlmac · 16/11/2016 21:05

I'm pretty sure you've got 2 years to claim it back but I've not come across your situation before I'm afraid so don't know specifics. Your solicitor should be able to advise

NewDayNewBeginnings · 16/11/2016 21:12

My sols are not very helpful. They have sent me contracts to sign.. Where there are still issues to be resolved... Find this very odd

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daisygirlmac · 16/11/2016 21:21

Some info here www.gov.uk/guidance/stamp-duty-land-tax-buying-an-additional-residential-property

I think if you don't want to delay you might be able to pay the additional stamp duty, complete, then sort out your separation agreement and claim it back. However! I'm not a solicitor so double check this

NewDayNewBeginnings · 16/11/2016 21:50

OK thanks... Will look into that. Just so frustrating... Could have sorted it 6 weeks ago

OP posts:
Vinomcstephens · 17/11/2016 09:14

Hi New, when you say the other house is your ex's home, are you on the mortgage as a joint owner?

NewDayNewBeginnings · 18/11/2016 19:51

Nope.. House is 100% in his name

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