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I should have made clear, we have no formal separation agreement, we have just informally agreed terms and they will form part of the Consent Order when I apply for the Absolute. The matrimonial home will form part of the Consent Order to be sold and split 50:50 and I assume will not attract any CGT.
I read somewhere that if an asset was transferred as part of the Consent Order in a divorce it might not attract CGT even if there was consideration. From what you say, that appears not to be the case.
Thanks for your response
You are in part correct with what you have read, however both the separation and the financial agreement element all have to take place in the year of separation - which you advise was Sept 2013 - which was last tax year 2013/2014 - so any element of the financial position that arises now (in the tax year 2014/2015) will not fall into this exempt consideration.
It matters not that you do not have a formal separation legally documented drawn up - its what took place as fact -
And I would add, aside from that the sale of the investment property was always going to give rise to capital gain, So its really just the position of the decision to transfer (sell) your share to your husband.
And its crucial that the agreement documenting the share of financial assets took place in the year of separation for HMRC to ever consider it falling within the normal spousal exemption.
See the link here from the HMRC website and go to the heading Separation, Divorce and Capital gains tax.
I am sorry the position is not more favourable