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CGT former marital home

kitis123
Posted Tue, 19 Mar 2024 16:17:17 GMT by kitis123
Separated September 2019 - ex moved into a home he previously owned before we married 20 years ago. Consent Order June 2023 Marital home to be sold and I receive the proceeds. I had to give him a lump sum and any CGT due but order stated we should use the new Finance Bill to mitigate any CGT. Ex refuses to maximise his Principle Primary Relief in light of the new law saying that he has nominated his other house (which has a buy to let mortgage). It is my understanding that any nomination should be made in writing within 2 years which I know he has not done. My question is: if he has not nominated the other house would HMRC still class the former marital home as his PPR therefore incurring no CGT liability? I would be so grateful for any advice.
HMRC Admin 32 Response
Posted Mon, 25 Mar 2024 09:48:10 GMT by HMRC Admin 32 Response
Hi,

HMRC cannot comment on this as the record would need to be accessed to see what actual information is held. However you are correct in stating that a nomination is required within 2 years when more than 1 home is held at the same time.

Thank you.

 

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