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TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15979
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
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I divorced 18 months ago and the my husband has agreed I keep

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I divorced 18 months ago and the my husband has agreed I keep the marital home. I have not taken his name off the title deeds yet as I am worried about capital gains tax as we had been separated for six years. Will I/he be liable for CGT?


Have you had the Decree Absolute? If so, when was it issued? Was the arrangement you came to with your former husband over the marital home part of the divorce settlement? Does your former husband own another home? If so, has he lodged an election for the that property to be treated as his main home with HM Revenue & Customs? If so, when did he do that?

Customer: replied 3 years ago.

hi, yes decree absolute was 15 months ago. The arrangement is that I would undertake to remove his name from the marital home, which I have not tried to do yet as worried about tax implications. He has since bought a buy to let property, which was bought by the proceeds of a sale of investment property in order to give him his 'share of equity' from marital home, also I gave up maintenance payments and his pension. Do not know if he lodged and election for another home to be treated as main home, will have to ask him but suspect not, as he is living in current partners home.


Leave this with me while I draft my answer.
Hi again.

Provided that your former husband has not made the main residence election for anolther property and I doubt he has, then the transfer of the property into your name should not cause him to incur a CGT liability as you are staying in what was the marital home (as mopposed to it being sold) and he can be treated as having been "in residence" even though he hasn't for some years.

Take a look at the notes here and here for more information on divorce and the marital home.

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