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bigduckontax, Accountant
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My son has reached a settlement over a divorce case in which

Customer Question

my son has reached a settlement over a divorce case in which a house is to be given to his ex wife in which the house is in joint names.How does the cgt apply.
Submitted: 2 years ago.
Category: Tax
Expert:  bigduckontax replied 2 years ago.
Hello, I am Keith, one of the experts on Just Answer and happy to help you with your question. Here is the Gov UK advice from Helpsheet 281 on the subject: 'Year of permanent separation If you or your spouse or civil partner were living together at some time in a tax year, you can transfer assets between you at any time in that tax year at no gain/no loss. There is no requirement that you should be living together at the time of transfer.' If this covers your son's position so well and good, otherwise feel free to come back to me with a follow up question on this thread for more advice.
Customer: replied 2 years ago.

My son has been living apart from his wife for over two years and this is the final settlement in that he has to give his ex wife two houses held in joint names these houses are in a number of buy to let houses that he has and rents out. The capital value changes over time, surely the capital gain should be split between both parties but as the wife retains the house no capital gain applies. Does CGT apply in this case? .

Expert:  bigduckontax replied 2 years ago.
The Divorce on Line Blog has the following pertinent advice which covers your son's position: 'If the house is sold within 3 years of separation the sale is capital gains tax exempt.' But soft, this ruling is an extension of Private Residence Relief (PRR) and will only apply to one residence. For the other normal CGT rules will apply as they would in any case married or single. On the acquisition of the second residence an election could have been made within 18 months of purchase date to have one or the other the one for which PRR would apply. If no election were made HMRC will decide the application of PRR on the facts.
Customer: replied 2 years ago.

Thank you for this information I am not clear about who pays the tax for my son has been living apart from his wife for over three years, is the capital gains tax split in half so both parties pay an equal amount.

Expert:  bigduckontax replied 2 years ago.
I am so sorry, I misread one of your follow up responses. As the properties in question were buy to let properties in joint names then each party is liable for CGT on half the gain realised on disposal less their Annual Exempt Amount of 11.1K and, if they lived in either of the two residences, possibly Lettings Relief, up to 40K, also. In this case we can forget about PRR, it does not apply.
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Expert:  bigduckontax replied 2 years ago.
Thank you for your support.
Apologies for the misunderstanding.

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