Q&As

On a divorce or relationship breakdown, can a (divorcing) spouse claim PPR relief from CGT on the sale of a property in their sole name if they have also held and disposed of a share in the family home during the marriage?

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Published on LexisPSL on 08/05/2017

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • On a divorce or relationship breakdown, can a (divorcing) spouse claim PPR relief from CGT on the sale of a property in their sole name if they have also held and disposed of a share in the family home during the marriage?
  • Permitted absences

In answering this Q&A, we have limited our response to cover the capital gains tax aspects of THIS Q&A (and disregarding, for example, the stamp duty land tax implications).

We assume that reference to the 'fmh' is to the former matrimonial home, and that this is the same as the former family home. We further assume that:

  1. the reference to a settlement is to a financial agreement between the parties and not a trust

  2. all properties and individuals are UK situated, resident and domiciled, and

  3. this Q&A relates to whether capital gains tax (CGT) is payable on the sale of the property which the wife owns and

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