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.

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.


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

Where Taxpayers and Advisers Meet

Transfer of property on divorce

Joined:Sat Nov 11, 2017 3:32 pm
Transfer of property on divorce

Postby steven13 » Thu Jul 08, 2021 6:36 pm

My wife and I own a Buy To Let property. We are in the process of an amicable divorce and part of the financial settlement agreed with the Court is that she will take the Buy to Let property.
If it is transferred prior to the Divorce absolute do I still pay Capital Gains Tax on the gain arising from my share?
Secondly on the basis CG tax is payable where can I obtain details of my original cost, namely amount paid and date of purchase. Lost all paperwork, and although I know roughly , better get it accurate for HMRC.

Joined:Mon Aug 17, 2020 10:54 am

Re: Transfer of property on divorce

Postby Samson22 » Fri Jul 09, 2021 7:36 am

My understanding is yes Cgt would be payable. As for price paid bought after 1995 the land registry deed should have price paid check zoopla to confirm. If not getting a number of surveyors to state the value when bought and now and choose the middle valuation.

Joined:Mon Mar 11, 2019 4:22 pm

Re: Transfer of property on divorce

Postby Jholm » Fri Jul 09, 2021 8:54 am

You can transfer assets between yourselves, free of CGT, throughout the tax year of separation. Thereafter, until decree absolute, you are deemed connected persons and all transfers for CGT will take place with deemed proceeds at market value.

Return to “Property Taxation”