Stamp Duty Bombshell

[waterjungle]

Hopefully this is the right place to ask question but I suspect we are royally screwed.
We have just had our offer accepted on the house we want and AIP for our mortgage granted.
It is going to be just my husbands name I the mortgage. I have a flat that I bought before we were married that is rented out and has never been lived in by me.
Husband never owned a property before and us a first time buyer.
We have always lived in rented.
We were told he would get relief on Stamp Duty as a first time buyer. Our solicitor has come back today and said actually NO. He will be charged £18,000 as it is seen as a second home.
Like most people, we don't have a spare 18,000. This means we will loose the house we have offered on.
The flat I own is in negative equity so I can't sell.
Opinions on just how buggered we are?

If you're married it doesn't matter if the house is in one name, the law is that both jointly own it. Presumably if you were to divorce you wouldn't just walk away and not claim a penny of the joint asset? so the house isn't his any more than the flat is yours, you both own them equally, and neither of you are first time buyers.

Confusingly, help to buy isa classes you as a first time buyer if you have never bought even if you are married.

But I agree, it’s a marital asset and should be treated as such