Please could someone advise me. I’m hoping to complete on the purchase of a property within the next week. I sold my own property in May this year and have been in rented accommodation with my boys for the last two and a half months. My husband and I are separated and he owns his own home ( I’ve never lived there). I purchased my previous property in October 2014 . After having my offer accepted on a property my solicitor informed me I’d have to pay £1,940 in stamp duty, but today on realising I am still married informs me that my home will be considered a second home because I’m not legally separated, and I will now have to pay £8,600 in stamp duty.
My husband and I have lived independently since March 2016, paying utilities, council tax etc for our respective homes. Had I know this when I first put in the offer and instructed her I could have made different financial decisions. Do I have any recourse and is she correct? Thanks in advance.