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Posted Thu, 30 May 2024 08:39:05 GMT by Benjamin Lyons
Hi, I would appreciate some advice. My wife entered into our marriage with a property in her name which was rented out as a second home. In July 2022 my name was put on it as a co owner and on the mortgage. In September 2022 we separated and are now going through a divorce and attempting to reach a financial settlement. The house could be sold with all proceeds going to her as part of a settlement, would I have to pay any capital gains tax?
Posted Tue, 04 Jun 2024 12:19:12 GMT by HMRC Admin 19 Response
Hi,

As you did not live in the property as your main residence, there is a possibilty that Capital Gains Tax is payable. There is a calculator to help you work this out, and report, and pay any Capital Gains Tax due, this should be done within 60 days of the completion date:

Tax when you sell property

Thank you.
Posted Tue, 04 Jun 2024 12:53:58 GMT by Benjamin Lyons
Many thanks for this information, I am now deeply concerned about what you have said The calculator is just a formula to work out how much people pay not if somebody is liable I have phoned twice now to HMRC about this matter and have been told that as my name was only on the property for two years and all the proceeds are going to my ex wife I wouldn't have to pay anything The house was never bought by me and the proceeds go directly to her Would I have to pay capital gains just from the time of ownership ? My name was only put down in July 2022 and is on the market for sale now. The property was worth more in July 2022 than what it is now being sold for now
Posted Thu, 06 Jun 2024 16:38:34 GMT by HMRC Admin 5 Response
Hi Benjamin Lyons

Please have a look at the guidance at TSEM9150, which provides background information on legal and beneficial ownership.

Thank you

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