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Posted Thu, 31 Oct 2024 13:48:48 GMT by keo9753
Dear Team We are selling our family home due to separation. I have bought another property in my name only, paid 2nd home SDLT because my name was still jointly on the family home. When we sell the family home I will reclaim the 2nd home premium as it will be within 3-years. We are at the beginning of divorce proceedings. We have agreed and written out a separation agreement. The sale of the family home and purchase of a new home by my wife will be before the divorce is concluded by the courts, unless we delay sale, which would not be ideal. Is a signed separation agreement sufficient that my wife can make her onward purchase as her only property, not incurring 2nd home SDLT? The new property will be the only one in her name. We can supply the seperation agreement to our conveyanving solicitors handling the sale and new purchase. Is this sufficient? The divorce proceeding started will be further evidence of seperation. Thanks
Posted Fri, 01 Nov 2024 11:24:44 GMT by HMRC Admin 34 Response
Hi,
Please contact the Stamp Duty Land Tax team for advice.
Stamp Duty Land Tax
Thank you.

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