Stamp duty re 2nd home

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    Stamp duty re 2nd home


    Bought a house with my ex as joint tenants, both names on the deeds and mortgage.

    Relationship broke down ( not married, not civil partnership, no agreements).

    As we had a child, ex lives with the child in the former matrimonial house.

    I cannot be removed from the mortgage as the ex cannot afford to pay the mortgage, on universal credit and recently re-mortgaged to obtain a better deal.

    According to HMRC:

    On or after 22 November 2017, a `major interest` in a property is ignored [Para 9B] for higher rates purposes where–
    • the property is not a purchaser’s only or main residence,
    • the property is another person’s only or main residence,
    • the property is subject to a `property adjustment order` in favour of the other person,
    So 1 and 2 are ok, but what property adjustment order should I get?


    I thought that property adjustment orders applied to the end of a marriage or civil partnership.

    And, if you weren't in either relationship, I don't think that section of the tax manual is relevant either. If you are buying another property, you are going to meet condition C.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).


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