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Posted Sun, 06 Aug 2023 20:58:05 GMT by
I moved overseas for full time work in April this year, but my partner and child remained in the UK in our jointly owned home. I am non-resident for tax purposes, but my wife remains UK resident and continues to pay UK tax. I plan to return to the UK around May 2026. We are keen to move home when I get back, however I am unsure that if we were to begin the process and complete a move while I am non-resident, if there would be CGT liability on our current property or if CGT would not apply as the property is still my wife's main residence and the family home. If there is a liability, would we be better to wait until I have returned to the UK and am tax-resident again before completing? Thank you.
Posted Thu, 10 Aug 2023 11:28:08 GMT by HMRC Admin 10
Hi
We are unable to comment on future events as plans and legislation may change.
Posted Thu, 10 Aug 2023 17:11:00 GMT by
Thanks - hypothetically then, if we moved house now under current legislation, would there be a CGT liability while I remain overseas but my wife lives in the house? It is in joint ownership.
Posted Wed, 16 Aug 2023 08:10:02 GMT by HMRC Admin 25
Hi Diplo23,
For you wife there won't be as its her only and main residence.
For you, possibly as you are not living there.
Please see guidance at: 
CG64485 - Private residence relief: only or main residence: two or more residences: right of nomination
Thank you. 

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