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TonyTax
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15942
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I am interested if I am liable gains tax. My wife

Resolved Question:

I am interested if I am liable for capital gains tax. My wife and I divorced three years ago and the divorce terms (which are documented in the divorce settlement) was that she got all the marital home (i.e. I have no equity in the house). However, we did not change the ownership to my ex wife's name only since I continued to pay the mortgage as part of the settlement terms. I moved out of the house 5 years ago. She is now selling the house. Can you advise if I am liable for CGT or should I arrange for the house to be changed to her sole name only prior to the sale. Thanks.
Submitted: 2 years ago.
Category: Tax
Expert:  TonyTax replied 2 years ago.
Hi.

Is the property in joint names or just yours simply because the mortgage provider wanted your name to remain on the mortgage or title deeds until it was sold?
Customer: replied 2 years ago.

it is in joint names

Expert:  TonyTax replied 2 years ago.

Thanks.

Can you tell me if you have acquired another home since you separated from your wife.

Expert:  TonyTax replied 2 years ago.

Hi again.

Take a look here, here and here for information CGT and the marital home on separation and divorce.

This really comes to down to when your interest in the property ceased to exist. The divorce settlement awarded your share of the property to your former wife. If this was deemed to have occurred in the date of the agreement or court order, notwithstanding the fact that your name is ***** ***** the deeds and mortgage, then provided that was within three years of your leaving the marital home assuming you left in 2010, then you should have no CGT to pay.

HMRC may argue that because your name is ***** ***** the deeds you still own a share but the divorce agreement should trump that view in my opinion, with you citing that the mortgage lender required your name to stay on the deeds and mortgage and that you will get none of the disposal proceeds.

If you look here, you will see that there is legislation (Section 225B TCGA 1992) that, on a claim, effectively extends main residence relief for the spouse who left the marital home beyond the the period of three years (18 months from 6 April 2014) after the transferring spouse has moved out where that spouse transfers their share to the occupying spouse and the occupying spouse intends to continue living in the home. The problem you have is that your wife is selling the property. In any event, this will only work if you do not have another home which you could claim main residence on, ie one you have bought since you separated from your wife.

I hope this helps but let me know if you have any further questions.

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