CGT liability if you move out of your residential property

[Shitscared123]

Hello

Please could someone advise on CGT liability if you sell a residential property that you moved out of. I will be buying ex out of his share. He is on the title deeds and moved out in 2018 to a rented property. I have been living in the marital home with DC.

He owns another property that he rents out as an HMO (did mortgage fraud and took out a residential mortgage). He does not reside there.

I would be grateful for advice.

You won’t have any CGT liability - you’re buying his share, and not moving.

Why are you bothered about any CGT for him?

You won't have a CGT liability now because you are buying not selling. And not later either if it is your "Only or main residence" (OMR). If you are currently living there and don't own another house then it has to be your OMR.

He probably won't have a CGT liability either, because however he fudged the purchase of the HMO, as an HMO it is unlikely to be his OMR for CGT purposes. That means the house you are buying from him is probably still his OMR, at least up to 2018. Although house prices have been going up, if you've had the house a while then there was probably more increase in value before 2018 than after.