Advice needed on buying STBX share of house in divorce

[Sugarplumps]

Hi there! I would be grateful if any of the legal minds could set me straight on this situation. My own solicitor couldn't make it entirely clear to me what the path forward was and I am awaiting his notes from our last meeting.
My STBX and I own a house worth about £380k, on which we owe £144k. I have a declaration of trust protecting my downpayment although I know this is not actionable in a divorce. I want to buy his 'share' of the house for approx £80,000 and take on the mortgage myself.
What we can't get straight is how I give him this money as a divorce settlement without him incurring capital gains tax. I will be using an inheritance and retirement savings to buy him out, and he has agreed not to try to seek a share of my inheritance and savings since we tried to get an American pre-nup before we married (I'm American) hence the declaration of trust.
My solicitor suggested deeds of separation, and also gave another option that I remember having something to do with decree nisi but I really have no idea. If anyone can shed light on this I would be grateful.

Unless he has another property CGT is irrelevant even if he moved out some time ago.

Deeds of separation are not ironclad. Have you issued your divorce petition yet?

He is submitting the initial document and fee this Friday as soon as I give him the original marriage certificate. I have agreed that he can divorce me for unreasonable behaviour and my solicitor said that who divorces who wasn't a big deal. He was clear that deeds of separation aren't the end all be all but can be useful when we reach decree nisi. Still not sure if I completely understand! May go see him again after he sends the notes etc.

STBX feels like he urgently needs to buy his own place but I'm not giving him anything until we understand the legal position of transferring the funds and what tax may be applicable. Our two year anniversary in the house is 30th March fwiw.

He will not need to pay CGT if you are buying him out of the house as part of a divorce settlement.

OP this might not be relevant to your situation but I am buying out STBXH in similar circumstances and he has been told that there is no CGT for him to pay as long as we complete the transfer of the property in the tax year of separation. So currently we are on the clock waiting for the sealed consent order to be released

Your ex might want to take some proper advice on this now so that you and he can delay the divorce petition and put in the date of separation as a date falling after 5 April as you are clearly not going to complete in time this year

This is on the basis of there being possible CGT on the increase in value since the house was purchased

This is a transfer of equity rather than a house sale so no CGT incurred.

There is no cgt liability providing your purchase of his share is completed within 3 years of the separation. Note seperation not divorce. He needs to speak to his solicitor for clarification as do you, that's what you are paying for.

You can call HMRC for verification of my advice which would be a good idea.

Thank you all so much! I'm just so confused about it and STBX is really piling on the pressure. He has a posh flatshare with one roommate and his own bathroom so I don't see what the drama is myself.
I've emailed my solicitor to instruct him that I want support on the financial order and transfer of the property so we'll see what he says.