Hi Laura,
I'm no expert at all here so I don't know for certain but I'm not sure what you did in 2005 is legal. You don't say in your post if you paid stamp duty in 2005 but it sounds like you didn't based on your husband's FTB status(correct me if i'm wrong).
Myself and my girlfriend are in a similar position at the moment i.e. buying a house where one of us previously owned a property and the other didn't. We are unclear about FTB status / stamp duty / tax relief etc. and whether putting the property in one name allows us to (legally) avoid stamp duty.
On the revenue site here:
[broken link removed]
it does say:
What is the position where the purchase monies are not provided entirely by the first time buyer?
To qualify for the relief the entirety of the purchase monies, including any borrowings, must be provided by the first time buyer. Any person, who provides part of the purchase monies or who is a party to any borrowings relating to such purchase, is also regarded as a buyer of the house and the relief will not be available unless that other person is also a first time buyer.
As I said, I'm no expert but it would probably a good idea to check with a legal person before you go contacting Revenue.
Any legal people out there with a better knowledge of this situation? Or anyone who has had issues with revenue regarding this?