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Property, CGT and divorce

1 reply

NotOurCatOnTheMat · 29/12/2022 14:55

Does anyone know what the CGT implications would be for transferring a BTL property from one partner to the other as part of a financial settlement during divorce? The family house (primary residence) would transfer to the partner that currently owns the BTL. Does CGT still apply in these circumstances?

OP posts:
user1497207191 · 30/12/2022 20:27

"If you or your spouse or civil partner were living together at some time in a tax year, you can transfer assets between you at any time in that tax year at no gain or loss. There is no requirement that you should be living together at the time of transfer."

www.gov.uk/government/publications/husband-and-wife-civil-partners-divorce-dissolution-and-separation-hs281-self-assessment-helpsheet/hs281-capital-gains-tax-civil-partners-and-spouses-2021

So it depends when you separated. If you separated before 5/4/22, you can't have the inter-spousal exemption. If you separate after 5/4/22 you have until 5/4/23 to finalise the transfer CGT free using the inter spousal transfer rules.

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