How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TonyTax Your Own Question
TonyTax, Tax Consultant
Category: Tax
Satisfied Customers: 15975
Experience:  Inc Tax, CGT, Corp Tax, IHT, VAT.
Type Your Tax Question Here...
TonyTax is online now

I'm in the process of getting a divorce. My ex left the marital

This answer was rated:

I'm in the process of getting a divorce. My ex left the marital home two years ago and is living with his mother. We have a son who is fifteen years of age. As we have 6 years left to pay on the mortgage we have decided that we will not sell our property until our son reaches the age of 21. My ex and I both jointly own the house and both pay half the monthly mortgage repayments. My question is about capital gains tax liability. I've received correspondence from my ex's solicitor informing me that my ex has said that he shouldn't be liable to pay CGT and the costs should come out of the proceeds of the sale of the house and this has been written into the draft financial consent order for the courts. I'm disputing this as I think he is liable for any possible CGT and that I should be exempt from paying it. The house hasn't been transferred into my name. Please could you advise me as to whether I'm exempt from CGT and my ex is the one who is liable. Thanks

Of your husband's share of the gain, he will be exempt from CGT for that part of the gain covered by the period he lived there and the last 18 months of ownership. Assuming you live there until you sell it and have done so for the entire period of your part ownership, your share of any gain will be exempt from CGT.

Your husband's lawyers might consider something like a Mesher Order which you can read about here to protect him from CGT as far as possible, given that he left two years ago.

I hope this helps but let me know if you have any further questions.
Customer: replied 3 years ago.


Thanks for this. Can you just clarify for me that CGT should not come out of the proceeds from the sale of the house specifically my share. Many thanks

CGT is a personal liability. The lawyer handling the property disposal should split the proceeds in the agreed proportions. I've seen cases where the parties shared the tax liability but its not compulsory.

The divorce settlement will usually take account of a perceived disadvantage to one of the parties but not always.
TonyTax and other Tax Specialists are ready to help you