Your property questions answered

I'm separating, so do I face stamp duty if I buy again?

We are separating - quite amicably - and, although the figures haven't been fully worked out, I will be transferring my interest in the family home to my wife. I will be buying locally and understand I won't have to pay stamp duty on my purchase. Does this restrict me to a new house or apartment?

Good to hear that your decision to separate is on the amicable side but, when it comes to stamp duty, what really matters is the official status of your separation. The basic situation is that transfers of property between spouses are exempt from stamp duty. Transfers of property between spouses who are separated or divorced are exempt from stamp duty if they are made pursuant to a court order.

As a separated person, you will be treated as a first-time buyer for stamp duty purposes if you meet certain conditions: you are separated under a court order; the property you buy must be the first one you buy after leaving the family home; you must be out of the family home and retain no interest in it; and, crucially, your ex must remain in the family home.

The restrictions are presumably in place to prevent people trying to pull a fast one - pretending they are separating and buying a second property without paying the relevant stamp duty. In your case, you are not restricted to a new house or apartment although, depending on where you live in the country, you might find if difficult to buy a second-hand property below the first-time buyer's stamp duty threshold.

A sore point with separating and divorcing couples is that, if the figures don't add up (which they often don't) and the family home has to be sold to fund the purchase of two properties, then both buyers will be treated as ordinary second-time buyers and will have to pay stamp duty whether it's new or second-hand, apartment or a house. It's yet another hurdle for home buyers in our punitive stamp duty system.

Is it too late to get a grant for a solar heating system?

Is it too late to install a solar heating system and get a grant for it? We are totally renovating an old house - the work has already commenced but are now convinced that a solar panel could work and be a good idea. Is it too late because we have already started work and, as this is a renovation not a new build, are we entitled to the grant?

The Government grant scheme for sustainable energy systems is open to both new homes or renovations to an existing home. After the sunny summer we've had, it is likely that a lot of people will be thinking about solar energy and the grant scheme certainly helps. You can now get grants for a solar hot water system and/or a solar space heating system.

In the first instance, you should consult your local authority planning office to get their opinion on solar panels on your house and whether you might have to apply for planning permission. First though, consult Sustainable Energy Ireland's excellent website (www.sei.ie) for details of the grant scheme and advice on how to proceed.

Send your queries to Property Questions, The Irish Times, 10-16 D'Olier Street, Dublin 2 or email propertyquestions@irish-times.ie.

Unfortunately, it is not possible to respond to all questions. The above is a representative sample of queries received. This column is a readers' service and is not intended to replace professional advice. No individual correspondence will be entered into.