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Is CGT payable when buying ex-spouse out of marital home?

My ex-husband and I separated 10 years ago and divorced 3 years ago. At the time of separation he moved out and purchased another house and I remained in the marital home, which we own jointly (he has continued to pay half of the mortgage since he moved out). He now wants to sell the house. I want to remain in the property so I would like to buy him out. I understand that if the property was sold he would have to pay Capital Gains Tax on his half of the gain as the house is not his main residence, but I would not. But if I were to buy him out of the property would he have to pay CGT on the money I give him? Thanks a lot.

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 47,435 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think the answer is yes, he does have to pay, see this post. He was your spouse, he isn't any more.
    Signature removed for peace of mind
  • Pennywise
    Pennywise Posts: 13,468 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, he'll be liable to CGT but will be able to claim some private residence relief for the time he lived in it as his main/only home.
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