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The Guardian - UK
The Guardian - UK
Business
Virginia Wallis

If I marry can HMRC claw back stamp duty on the buy-to-let property I’ve bought?

Houses in Sidcup, UK.
The reader and their partner treat their properties as belonging to both of them. Photograph: Mark Phillips/Alamy

Q My partner and I are not married. He has owned one property for five years. I am neither the legal nor the beneficial owner of that property, although in reality we treat it as belonging to both of us.

I have just bought a buy-to-let property in my own name. We did this using a “joint borrower single proprietor mortgage”. This was both because I would not have met the affordability requirements on my own and because if my partner was also on the deeds we would have had to pay the extra 3% second home rate of stamp duty. (The first-time buyer discount is not relevant because the price was more than £500,000 and it was a buy-to-let property anyway.)

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