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Does She Have To Pay Stamp Duty?

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jourdain2 | 21:06 Sun 18th Mar 2018 | Law
7 Answers
Goes back a while to a post of mine about the girl who is (in all but fact) OH's daughter-in-law, who has been very badly treated by his son- Exmouth way - EDDIE helped a great deal as did many others in the original post.

OK. She is 60 years old and does not have a mortgage - although years ago she had one with her first husband, which is now settled and well in the past. She doesn't earn a lot (Teaching Assistant). She and OH's son have reached an agreement whereby he buys her out of their shared house and this will JUST allow her to buy a tiny place, which she's managed to find (not in the area she'd like, but - hey!). It is £170K. She is worried about extras like surveyors fees etc., etc. which she won't be able to manage if she has to pay Stamp Duty of about £1K
(we have, obviously, offered to loan her the money, but she would be happier to be independent).

So, (sorry about that 'So' police). Would she class as a 1st time buyer and thereby avoid Stamp Duty, please? Thanks for any answers.
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https://www.moneyadviceservice.org.uk/blog/stamp-duty-for-first-time-buyers-your-questions-answered
21:26 Sun 18th Mar 2018
no if shes bought a house before she is not a first time buyer
I would think it depends if the old mortgage comes up in a search by the new mortgage company. Was it in her present name? If so I would not take the risk of saying she was a first time buyer and then a search finding the old mortgage. That would give them a reason to refuse the application as not having been given the correct information.
Reading bednobs link makes it clear she is not classed as a first time buyer.
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Yes, I've just read it all. Thanks, both of you. I'll tell her she will have to accept an interest-free, long-as-she-likes-term loan. We'll manage. The saving in time and effort is much appreciated.
the answer is obviously No - isnt it?

er that is that she is NOT a first time buyer and will have to pay stamp duty ....

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