Unlimited time to transfer

Hi, I am trying to establish if this situation would would be captured under the ‘unlimited time to transfer’ introduced in April 2023 given the house is part of the formal divorce agreement from 1986-88 or would the transfer attract CGT on Fathers 50%? Mother and father entered a Deed of Separation and got divorced in 1986-8. Deed of Separation notes that a new house was acquired in joint names to be occupied by Mother and 2 children until: (a) remarriage of Mother (b) such time that Mother was supported by a third party / live with third party (c) children vacate the new property. Thereafter the house to be sold and the proceeds split equally between Mother and Father Neither (a) or (b) happened. (c) happened - the youngest child left the home is 2004. Mother has continued to live in the house as the sole occupier until the current day. Mother and Father continue to own the house jointly. They recently agreed to change ownership from joint tenancy to tenants in common (50%/50%) so they could deal with their respective 50% in their wills. There is no mortgage. Father is non-domiciled and not a UK tax resident. Father now wishes to transfer his 50% share to Mother (no consideration given the length of time and money spent over the years). Thanks for any replies / advice in advance.

Hi,

The new legislation states that separating spouses or civil partners be given up to three years after the year they cease to live together in which to make no gain, and, or no loss transfers. As your parents separated more than 3 years ago then then the new rules do not apply.

Thank you.