This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. To find out more about cookies on this website and how to delete cookies, see our Cookie Policy.
Analytics

Tools which collect anonymous data to enable us to see how visitors use our site and how it performs. We use this to improve our products, services and user experience.

Essential

Tools that enable essential services and functionality, including identity verification, service continuity and site security.

Where Taxpayers and Advisers Meet

CGT on sale of FHM lump sum in the future

Allcry
Posts:1
Joined:Fri Apr 21, 2017 5:33 pm
CGT on sale of FHM lump sum in the future

Postby Allcry » Fri Apr 21, 2017 5:44 pm

Good Afternoon,

I a lump sum of former matrimonial home (FMH), at the final hearing for financial remedy.

The Judge (recorder) has ordered that I register a charge so I receive a lump sum equal to 50% of the value on the FHM, so that this happens at the right time after the children finish University.

The property is in my ex-wife’s name, I have moved out for more than 3 years now. I have been searching for ages for an answer as to what to do. I fee if I wait any longer my 3 year LIP battle will be pointless.

I expect to realise this in another 18 years. Price of house is £360K now.



What Capital Gain Tax do I have to be prepared for now and in the future?

I have been self-repping, so I would appreciate any assistance.

Allcry

maths
Posts:8507
Joined:Wed Aug 06, 2008 3:25 pm

Re: CGT on sale of FHM lump sum in the future

Postby maths » Fri Apr 21, 2017 10:08 pm

Not sure I fully understand the post.

One common option following a divorce is for, say, wife plus children to remain in the former marital home and husband moves out; at this time the husband transfers his beneficial interest in the home to the wife in exchange for a deferred charge on the eventual sale proceeds (eg when children are 18). It appears that the amount charged is based on a proportion of the sale proceeds.

For the husband, the transfer of his beneficial interest to the wife will usually be free of any capital gains tax charge (depending upon the facts).

When the home is eventually sold the husband realises a capital gain (ie difference between proportion of sale proceeds received by husband less the value of the husband's interest in the home at the time it is transferred to the wife) subject to CGT. No relief from this charge is available.


Return to “Capital Gains Tax, CGT”