Should Finance Settlement include cost for stamp duty on new house

[tarantinotpf]

We have agreed for my husband to buy me out of our house, we will each get 50/50 of the equity and he will pay off remaining mortage - nothing signed or finalised yet. We have two daughters that we have agreed split custody. My question is whether in the financial settlement I should negotiate to allow the costs for the stamp duty I will need to pay for on a new house? I feel this is fair as he will not have to pay stamp duty on retaining our marital home. I will need to buy a new house for me and our girls, but I will be faced with extra costs like stamp duty and legal fees that he will not face, so I will be worse off. This question is not about stamp duty on our existing house or the 3% extra fee - there is a lot of stuff about this on the internet.

Yes, I would consider it fair to include all costs involved in settling you up in a new home to be incorporated. Take all costs out of the joint pot (including whatever costs he needs to buy you out) then split the remaining pot.

It depends on how you arrived at the 50:50 split and whether it is worth unpicking that agreement for these costs.

For example, If he is a lower earner he might be entitled to more than 50% and settled for that amount because he wouldn’t be buying.

Stamp duty fees could make a material difference to the settlement and be cause enough to lead to a complete renegotiation. That might end up in your favour or his, impossible to know from the information on here.

Why did you agree to 50% ?

Thanks - The 50/50 is on the value of the house - that’s what we’re talking about, but not yet finalised, but I think I should include the costs I’ll face to set up a similar standard of living for me and my daughters - I don’t want to lose out/get a worse deal. Thanks for your comment so far

Yes. But tread carefully. The party staying in the home are often encouraged by their solicitor to include selling fees and remortgage fees even when there are none. So it 'could' bite you.

This. I'm staying in the family home and my solicitor has reduced the equity by adding selling fees on. In practise that means you may be paid less by your ex if not currently included.

I agree