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Posted Thu, 05 Sep 2024 13:30:50 GMT by taxquestions123
I am trying to determine whether CGT will be due when I sell the house I purchased with my ex-wife, which she still lives in. We are in England, in case that makes a difference. Having made some enquiries in the past, I thought CGT would be unavoidable. However I've since read that if the sale of the house is subject to a Consent Order, I may be exempt. It's a rather complicated situation, as we didn't get a Consent Order until several years after the divorce. Here is the timeline: 2006 - Purchased and moved into a house (purchase price £155k) with my (then) wife, after previously having owned other homes together. Moved in with first child, second child was born later that year. 2010 - We lived together in the house until we agreed to separate some time in 2010. Initially, I was back and forth between the matrimonial home, and staying with friends/family. Some time in 2011 - I moved out of the matrimonial home and into rented accommodation. I did still spend some nights on the sofa at the matrimonial home. 2014 - Begun divorce proceedings. I (foolishly) represented myself in the divorce to save costs. We agreed (in writing, via my ex-wife's legal representation) that my ex-wife and children would remain in the house until our youngest child turns 18, or finishes secondary education. November 2015 - The divorce is finalised (decree absolute). 2019 - I found a house to purchase with new fiance. During this process, it came to light that, because I still owned a house (with my ex-wife) I would have to pay the higher rate stamp duty on my new home. At this point, we worked with a solicitor to draw up a Consent Order (something we should have done as part of the divorce) which formalised the situation; ie. the matrimonial home is no longer my primary residence. My ex-wife signed/agreed it. Consent order was approved by the court. My new house purchase completed around June 2019. Sep 2019 - I remarried. Jan 2022 - My new wife and I sold our house (moved in with parents). We made £60k profit. (Note: We still don't own a property, and haven't since we sold in 2022). So that's the timeline of events so far. In June 2025, the trigger event mentioned in the Consent Order will occur - youngest child leaves secondary education. Ex-wife has agreed to put the property on the market at that time. My understanding is that I will need to pay CGT. Could someone please advise if there is a loophole for this specific situation, since I have not benefitted in any way from owning the property in the past 13 years? In fact, owning this property has been extremely detrimental (for various reasons), but I agreed for the sake of my children and ex-wife. It doesn't feel fair that I will have to pay CGT on any profit we make. There is approximately £80k equity in the marital home. If I do need to pay CGT, how much will it be? Any help would be appreciated. Thank you.
Posted Thu, 12 Sep 2024 14:53:11 GMT by HMRC Admin 25 Response
Hi taxquestions123,
Please refer to guidance here:
HS281 Capital Gains Tax civil partners and spouses (2024) Updated 6 April 2024.
Thank you. 

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