Friday, 30 November 2012

Q. I got divorced in 2007, but I still jointly-own my former family home with my ex-wife. We agreed she would live there with my daughter until she finished her school exams. The house is now about to be sold. Will I have to pay capital gains tax on my share of the profit made?

A. You can escape tax on the gain made on your former home if all these conditions are met:

- Since you left the property your former spouse has occupied it as her main residence.
- The agreement for your ex-spouse to stay in the home was made either under a court order, or as part of your divorce.
- You haven't elected for another property to be your main residence for any part of the period since you ceased living in your former home. If you have acquired another property in the meantime, you need to think carefully about which property you claim capital gains tax relief on, as this relief can't be applied to two properties for the same period.

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