From the 6th April 2023 new rules are in place which will affect separating couples. 

Amelia Smith is a Trainee Solicitor in the Family Team here at Wollens and has put together this helpful guide:

What are the proposed changes to the law re Capital Gains Tax?

  • Separating spouses or civil partners will be given up to 3 tax years after the tax year that they stop living together in which to make a ‘no gain, no loss’ disposal for CGT purposes.

What situation may this period end earlier?

  • If the court pronounces the final order/decree absolute within the divorce.

Does it apply to property being transferred between separated couples?

  • No gain/no less treatment will also apply to assets that separating spouses or civil partners transfer between themselves as part of a formal divorce.

Are there any reliefs permitted in relation to the former matrimonial home?

  • A spouse or civil partner who retains an interest in the former matrimonial home be given an option to claim private residence relief (PRR) when it is sold.
  • If you have transferred your interest in the home to your former spouse but remain entitled to receive a percentage of the proceeds when that home is sold, you will be able to apply the same tax treatment to those proceeds that applied when you transferred your interest to your former spouse.

When are the proposed changes to come into effect?

  • 06 April 2023.

Read the government policy paper using the link below.

https://www.gov.uk/government/publications/capital-gains-tax-transfer-of-assets-between-spouses-and-civil-partners-in-the-process-of-separating

Speak to Amelia Smith

Amelia is a Solicitor at Wollens and can advise you. Contact Amelia via email Amelia.Smith@wollens.co.uk or call 01803 225170.

Amelia Smith - Wollens Solicitors Devon

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.

Related News & Insights

6 minute read
Contractual control agreements – new duty to register from April 2027 - Wollens Solicitors Devon

Contractual control agreements – new duty to register from April 2027

Read Article
4 minute read
Buying a listed building: what you need to know - Wollens Solicitors Devon

Buying a listed building: what you need to know

Read Article
2 minute read
North Devon Maternity Unit reopening further delayed. - Wollens Solicitors Devon

North Devon Maternity Unit reopening further delayed.

Read Article
14 minute read
Can sports clubs still pull the trigger? - Wollens Solicitors Devon

Can sports clubs still pull the trigger?

Read Article
4 minute read
Wollens Welcomes Five New Trainee Solicitors - Wollens Solicitors Devon

Wollens Welcomes Five New Trainee Solicitors

Read Article
4 minute read
No Right of Way? Five Solutions When a Property Has No Recorded Access Rights - Wollens Solicitors Devon

No Right of Way? Five Solutions When a Property Has No Recorded Access Rights

Read Article
7 minute read
From draft to detail: understanding the key terms in your share purchase agreement - Wollens Solicitors Devon

From draft to detail: understanding the key terms in your share purchase agreement

Read Article
8 minute read
Can my solicitor help me stay in my own home? - Wollens Solicitors Devon

Can my solicitor help me stay in my own home?

Read Article