3 September 2025

Nick Gova features in The Telegraph on stamp duty tax trap following divorce

When divorcing couples buy a new home while one party still owns the family home, they often face an unexpected stamp duty surcharge.

Partner Nick Gova is featured in the Telegraph explaining the consequences: “If one party has retained the family home – held in joint names or they are asserting an interest by virtue of the marriage – and the other party has been required to vacate the family home, if they need to purchase another property to house themselves or their children, then they could be liable to pay stamp duty land tax and possibly pay a surcharge.”

This issue is highlighted in the article by the cases of Peter Golden, who paid a £10,000 bill, and Susan Hall's ex-husband, Jon, who paid £12,000, despite their amicable separation.

Nick notes this is a common issue when a court order or divorce isn't finalised, or the separation is informal. This can leave people feeling like unintended victims of legislation – Nick says that tax traps are easy to fall into when one half of a couple departs the family home. A three-year grace period exists for a refund, but paying the initial surcharge can be a significant financial hurdle for newly single individuals.

Read Nick’s comments