Not Married - Separation & Stamp Duty Refund 2 Property2
Yesterday 19:55 Chester2011
Hi, my partner (not married) of 33 yrs bought a 2nd property to renovate for our retirement in Nov 19. Because it was a second home we paid higher Stamp Duty which we expected to reclaim (within 3 yrs) when we sell our current home.
Sadly after just 3 months of owning 2nd home we have decided to separate. As a settlement my partner wants to stay in our current home and I would take the 2nd home. All money is tied up in property so no cash settlement required. Both properties are paid for.
I asked our solicitor to transfer title deeds accordingly and asked if the stamp duty would automatically be refunded once we both own one property.
She sent an unconvincing email saying that she would expect that HMRC would want a property adjustment order and to possibly allow a SDLT refund and this could be done when we complete our separation agreement.
We are not married, there is no settlement as no money, so this just leaves the property transfer.
Can anybody tell me if I can apply directly to HMRC for our SDLT refund once the title deeds have been amended? I dont want to incur any unnecessary legal fees as the separation is amicable.