Will I have to pay stamp duty?

[clareG]

I am in the process of becoming legally seperated/divorced and am hoping to buy a house costing €285000. Will I have to pay stamp duty?

 

[ClubMan]

Will this property be your home or a rental/investment property?

This thread might be of interest to you:

Separatees can be treated as first time buyers

 

[clareG]

I will be living there.

 

[ClubMan]

You may be able to qualify as a FTB - see the thread linked above. If you buy a new build under 125sqm then you are exempt anyway. If you buy second hand as a FTB then you are exempt. If you buy second hand as a non FTB then SD will apply unless under the exemption threshild (€127K).

 

[clareG]

thanks for the info.

 

[AppleSun]

if you are legagly separated/divorced and are not getting any proceeds from the sale of the familyl home, then you will be seen as a FTB. however if you are getting money from it then you will no longer be a FTB.

 

[dereko1969]

does it not depend on whether the other partner is staying in the 'family' home?

 

[clareG]

Thanks Apple, that puts a different slant on things. I was hoping to use my settlement as a deposit.

 

[mf1]

"if you are legagly separated/divorced and are not getting any proceeds from the sale of the familyl home, then you will be seen as a FTB. however if you are getting money from it then you will no longer be a FTB."

This is not correct. Below is the correct position from Revenue website:

"A spouse to a marriage the subject of a decree of judicial separation, a deed of separation, a decree of divorce or a decree of nullity in the case of the first acquisition of a house by the spouse following the separation or divorce provided that the spouse had, in relation to the former marital home,
• left that home;
• not retained an interest in that home;
whose separated/former spouse continues to occupy that home, which home was occupied by both spouses prior to the separation or dissolution of the marriage."

mf

 

[AppleSun]

apologies yes it means the other partner is still in the house. The op did not state whether the house was being sold off or if she was just leaving..

 

[Thirsty]

whose separated/former spouse continues to occupy that home

This has now changed also since the 2007 Finance Act and is no longer the case.

 

[clareG]

Thank you all for the info. I am the one who has left the home but it will take a while for the seperation to be final so hopefully house prices will fall by then...