Married couples in England and Northern Ireland who are replacing their main residence will not be subject to the 5% stamp duty surcharge for additional properties. This applies even if one spouse holds an interest in another property, according to Which? money expert Samm Galloway.
HMRC treats married couples as a single unit for stamp duty purposes. This means that if a couple sells their main residence and buys a new one, it is viewed as replacing their primary home, regardless of individual property ownership within the marriage.
To qualify, conditions include having resided in the old home at some point in the three years before purchasing the new one, and the new property must become the main residence. Additionally, another main residence cannot be purchased between the sale of the old home and the acquisition of the new one. Rules for surcharges on additional properties differ in Scotland and Wales, though the main residence replacement rules still apply.