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Posted Fri, 10 May 2024 15:25:34 GMT by Jen10Jen
I'm confused by the changes CGT on no win / no loss for divorcing couples. We have a mortgaged family home. Husband moved out November 2021. Divorce is at decree nici stage. Financial order not yet submitted to the court. The agreement is for me to remortgage into my name (transfer of equity) but will be paying him just less than half his share of the equity. Timing wise, at what point am I liable for capital gains tax? If we complete the transfer AFTER the decree absoute but before financial order is sealed? What if we complete the transfer before November 2024 (the 3yr window i've seen mentioned for seperated couples) Struggling to find a tax adviser who can explain :-(
Posted Wed, 15 May 2024 14:15:29 GMT by HMRC Admin 19 Response
Hi,

You can see guidance here:

HS281 Capital Gains Tax civil partners and spouses (2024)

It advises that "transfers of assets between you or your spouse or civil partner in accordance with a formal divorce or separation agreement or court order will be at no gain or loss without any time limit".

Thank you.

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