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

Dear Team - thanks for your advice to my question. The 'family' home was purchased 10 years ago by me and my wife. Less than 2-year ago I bought a 2nd property to live in a we considered our future together, to formally separate or not, finding a rental close by was near impossible to stay close to children, hence reluctantly a second purchase. Likely we will now separate, in which case I will remain at the second house for the foreseeable future, the main house will be sold, unless my wife decides to buy me out. If I complete the forms to nominate this 2nd home as my main residence from the date when I bought it, before the 2 year window elapses, is this ok? I assume when we sell the family home, which is on the market now, I will claim main residence relief for the first 8 years on my share of the family home, and pay any gain on the last 2 years. And my wife has full private residence relief on her share? And for my second home which is then my main home, I will have full private relief until I sell it sometime in the future Thanks for your advice.