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JGM
JGM, Solicitor
Category: Law
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Experience:  30 years as a practising solicitor.
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Could you please tell me if unpaid income tax from a

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Hi... Could you please tell me if unpaid income tax from a jointly owned property by a married couple would be classed as a matrimonial debt in the UK? I have found that this is the case in the US but want to check if the same applies in the UK? Thanks in advance! Andrew
Thank you for your question.
If the tax liability accrued whilst the couple were living together then it would be a matrimonial debt, yes.
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Customer: replied 2 years ago.
Thank you for your prompt reply.As I understand it, the 50/50 rule would typically apply for income tax on jointly owned property as we didn't have a type 17 form.We are now divorced and after submitting self assessments for undeclared income, I am being expected to pay 50%. However, there is a clause in our separation agreement stating my partner assumes all liability for matrimonial debts... Does this mean I'm covered and shouldn't have to pay?Thanks again!
The tax authority can submit a claim to you as it isn't party to your agreement. However because you have the agreement you can claim a right of relief from your ex wife for any monies you have to outlay to HMRC.
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Customer: replied 2 years ago.
Thank you so much.Would I have to go through the courts to claim the right to relief? If so, would I come unstuck by the fact the clause was not brought forward into our formal divorce paperwork and is only in the deed of separation?Thanks again!
If your ex doesn't obtemper the agreement you may have to go to court. The deed of separation is contractual and would be enforceable notwithstanding the divorce, assuming it was all done properly through your solicitors.
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Customer: replied 2 years ago.
Thank you so much, you've been hugely helpful!
You're welcome.
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