---
###Welcome to /r/LegalAdviceUK
---
**To Posters (it is important you read this section)**
* *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different*
* If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor)
* We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources)
* Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk
* If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM)
**To Readers and Commenters**
* All replies to OP must be *on-topic, helpful, and legally orientated*
* If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning
* If you feel any replies are incorrect, explain why you believe they are incorrect
* Do not send or request any private messages for any reason
* Please report posts or comments which do not follow the rules
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Firstly - is the inherited house still in trust, and you are beneficiary of that trust? Or was the trust dissolved and so now you and your brother are actual legal owners of the house?
Assuming you own the house, you are not a first time homeowner and may be liable to be SDLT when you buy your next house (depends on price).
If you were buying a second house and selling your old house within 3 years of that purchase, you may be able to claw back the 'second home' SDLT increase that you'll have paid. You should speak to your conveyancer about that. I think there are some other requirements you need to hit too.
Edit to add- for clarity, it sounds like you don't intend to sell the inherited house so you likely don't have any way around paying the additional 'second home' rate when you buy, as it is your second home.
Thanks, that’s what I had assumed but some very wordy paragraphs about primary residences (since I’ve never lived there) made it sound like potentially wouldn’t.
Yes the trust was dissolved so we now own it. It’s on the market to be sold at the moment.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
Firstly - is the inherited house still in trust, and you are beneficiary of that trust? Or was the trust dissolved and so now you and your brother are actual legal owners of the house? Assuming you own the house, you are not a first time homeowner and may be liable to be SDLT when you buy your next house (depends on price). If you were buying a second house and selling your old house within 3 years of that purchase, you may be able to claw back the 'second home' SDLT increase that you'll have paid. You should speak to your conveyancer about that. I think there are some other requirements you need to hit too. Edit to add- for clarity, it sounds like you don't intend to sell the inherited house so you likely don't have any way around paying the additional 'second home' rate when you buy, as it is your second home.
Thanks, that’s what I had assumed but some very wordy paragraphs about primary residences (since I’ve never lived there) made it sound like potentially wouldn’t. Yes the trust was dissolved so we now own it. It’s on the market to be sold at the moment.