• Will I Have To Pay The Higher Rate If SDLT?

    By Guest on 07th May 2022

    I'm recently divorced and looking to buy a new home. It's a little complicated, as when dividing assets we didn't go down the route of selling our home and splitting the proceeds. My ex and I owned our home together as well as a buy-to-let (which was our home up until 2015). When we divorced, my ex kept the house and I kept the buy-to-let. As a result, I no longer own my own home and have since been renting for around a year. All properties are in England.

    Information on various sites (including gov.uk) suggests that I do not have to pay the higher rate of SDLT as I currently do not own a main residence - and specifically that I have "sold or given away my main residence", as part of the financial settlement of the divorce. When speaking to my mortgage broker however, he seemed to think it would be applicable, simply because it is a second home (by his own admission, he's not qualified to answer with certainty).

    Am I correct that I shouldn't have to pay the higher rate of SDLT, on the basis that I have sold/given away my main residence?

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