Buying new home with partner while separating

[Zeebs27]

I’m looking for advice surrounding buying a new property with my new partner while I’m still on the mortgage with my ex.

I live in Scotland and understand that technically this would be classed as a second property so I’ll need to pay a higher rate of stamp duty. Is there any way of claiming that back once my name comes off the mortgage with my ex? Also, would my mortgage rates be worse because this would be a second home?

Thanks for your help

I’d really appreciate any advice. Feeling quite anxious about this. Thanks!

You can reclaim the additional stamp duty if the first house is sold within 18 months. Bit of a risk if your ex is likely to try and make things awkward for you. Do you not have a solicitor to ask?

Thanks so much for your response. That’s good to know. Can you please clarify what the risk is in relation to?

I asked my solicitor but all they advised me was not to use any of my savings towards the deposit. The plan will be for my new partner to cover this for the time being.

If you’re still married your ex could have a claim on the new property. Be careful.

I wouldn’t buy another house until your divorce is final as your ex will be able to go for half of it. Be careful!!

Oh wow that’s interesting. I hadn’t ever thought of that. So even if the money from the deposit would be coming from my new partner, my ex would still be able to claim for half of that? What if it is after the minute of separation is agreed? Thanks for your help!

I don’t know - not a lawyer but if you are married your spouse has a claim on half of all assets regardless of where the cash came from. For example if your parents gave you a deposit your ex could grab half. This is why marriage is a bad idea.

Thanks for the advice it’s certainly something I’ll need to look in to further