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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

CGT and family home

3 replies

polkadotelephant · 04/01/2023 10:55

I'm wondering if anyone can advice me on this situation please.

My husband and I are recently separated and on good terms. We have 2 children and he is prepared to pay towards the mortgage and maintenance to allow me to stay in the family home until they leave full time education. So far so good! (There are other monetary issues but nothing major.)

However upon the sale of the house in 6 years he will be subject to CGT on his half of the increase. This will be a significant amount as we have put a large extension on the house and there is a large subjected rise in house prices in our area. This hardly seems fair as he is doing the right thing by letting his children remain in the family home and is not planning on buying another property.

I have tried wading through pages of government legislation on CGT and have no idea what to do.

Thank you in advance

OP posts:
NaughtyDogMum · 04/01/2023 19:03

Not sure if there is an easy answer. My DP has done the same for his ex and DD and will indeed be liable for CGT when they finally sell as planned later this year. He also owns no other houses but because he doesn’t live there is still liable for CGs. They weren’t married however so I’m not sure if that can make a difference - it does seem quite unfair!

Marmight · 06/01/2023 13:02

Surely it is the difference in value at the point he moved out and the selling date in the future?
The extension was built and finished when he was living there? If so, the value is already accounted for in the value when he moved out.
As it was his main residence, i think you get some extra time added to the period when it wasn't and also you can deduct costs from the capital gain as well.

Scareystress · 06/01/2023 16:20

I recently spoke to accountants about this, and the capital gain applies from when property initially purchased. BUT the liability will only be calculated for the time from moving out - and there is also a (9 month?)period allowed after the tax year. Believe that’s increasing to 3years from 6-Apr-23. Improvements also deducted from gain, though not sure how calculated.
so if you’ve had house (say) 10 years with a 200k increase, and spent £50k on an extension, that’s a £15k taxable gain for each year liable. In 5 years time, would be £10k a year, but possibly only liable to pay CGT on £20k worth of gain if 3 years allowed. There’s also an annual CGT allowance to deduct - that and rates would be whatever they are in tax year when the payment becomes due.

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