Can I avoid higher rate SDLT before I get divorced?

[MaarvaCarassi]

I thought I could do this relatively easily / legally, but now I’m not so sure.

I really want to move out of the family home ASAP, and I thought this would be possible, but now I’m going around in circles on the internet.

I do have a solicitor, and they’re looking into this, but I naively thought this would be a very normal thing to do.

You have to pay the higher rate in the first instance if you still own your family home. If you sell/transfer your share of ownership of the family home within 3 years of purchase of 'second' home, you can apply to HMRC for a refund of the additional sdlt paid at the higher rates.

www.gov.uk/guidance/apply-for-a-refund-of-the-higher-rates-of-stamp-duty-land-tax

Thank you.

You can avoid SDLT as long as you can demonstrate you are selling because of the divorce, for example if you’ve received your conditional order and sent off your final order agreed terms. If you’re not yet started on the divorce process then it just goes through at higher rate as it would any other property sale/purchase.