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Posted Mon, 04 Nov 2024 12:54:07 GMT by CJ1971 Wall
My ex-husband and I divorced in 2013. A condition of our financial Consent Order was that he would purchase a property for me to live in, in his name and that I would be able to buy the property from him at the price originally paid, or be the sole beneficiary of any proceeds if the property was sold to a 3rd party. He bought the property with a buy-to-let mortgage and I paid the mortgage directly to his bank account. I lived in the property all the time from the date of purchase, spent money on improvements and only moved out recently when he sold it and handed me all the proceeds. Will any capital gains tax be payable by him?
Posted Fri, 08 Nov 2024 12:23:36 GMT by HMRC Admin 21 Response
Hi,
As you are the beneficial owner of the property and it was your main residence, you are entitled to claim private residence relief.  
This may cover any gain, meaning there is no capital gain.  
You should take a look at the helpsheet:
 HS283 Private Residence Relief (2024).
 There is also a capital gains tax calculator at:
 Tax when you sell property.
Thank you.
Posted Fri, 08 Nov 2024 12:38:39 GMT by CJ1971 Wall
Thank you for your response. So, as the property was in my ex-husbands name how do I claim the Private Residence Relief and ensure he does not have to pay the CGT as the property was in his name at the time of disposal? Many thanks!
Posted Tue, 12 Nov 2024 13:04:28 GMT by HMRC Admin 34 Response
Hi,
Please refer to guidance at:
HS281 Capital Gains Tax civil partners and spouses (2024)
Thank you

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