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Sayid Hassan

UK Capital Gains Tax implications when selling property 5 years after divorce - property still on joint deeds

Title: UK Capital Gains Tax implications when selling property 5 years after divorce - property still on joint deeds 1 5 years ago I finalized my divorce and moved out of our family home to rent a place nearby. I didn't want to cause more upheaval for the kids, so we kept the arrangement where I stayed on both the property deeds and the mortgage, though I've only been paying a small amount each month which allowed me to afford renting somewhere else. Fast forward to now, my ex-wife and I are planning to sell the house. According to our divorce agreement, I'll receive 40% of the proceeds from the sale. The property has appreciated quite a bit since we bought it about 15 years ago. What I'm trying to figure out is my Capital Gains Tax situation. Since I've been out of the property for 5 years but still legally co-own it, will I be liable for CGT on my portion of the proceeds? I've heard different things from friends - some saying I'm exempt because it was my main residence, others saying I'll definitely have to pay CGT since I haven't lived there for years. Anyone with experience in UK property sales after divorce?

9 You're in a somewhat complicated situation with potential CGT implications. Since you moved out 5 years ago and have been renting elsewhere, you no longer qualify for full Private Residence Relief (PRR) which would normally exempt your main home from CGT. However, there are a few important considerations that might help. First, the final 9 months of ownership (it used to be longer) are always considered exempt even if you weren't living there. Second, and more importantly for your situation, there's something called "divorce relief" that might apply. If the transfer of the property or interest in it between spouses was part of a divorce settlement, it may have happened on a "no gain, no loss" basis. The real question is how the 40% ownership was structured during these 5 years. Was there a formal transfer of part of the property during the divorce, or have you maintained the same ownership percentage throughout? This matters for calculating any potential CGT liability.

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12 Thanks for this info! In our case, we didn't change the ownership percentages - we've both remained as 50/50 owners on paper throughout, but agreed privately that I'd get 40% of proceeds whenever we sold. Does that affect the CGT situation? Also, does it matter that I've been contributing to the mortgage still, even though it's been a reduced amount?

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9 Since you've maintained 50/50 legal ownership throughout with a private agreement about the proceeds split, HMRC would typically view your ownership as 50% for CGT purposes. Your continued mortgage contributions, even reduced ones, help establish that you maintained a financial interest in the property. For the CGT calculation, you would need to determine what portion of your gain is covered by Private Residence Relief. You'd get full relief for the time you lived there plus the final 9 months. The remaining period (roughly 4 years and 3 months by my calculation) would potentially be subject to CGT. However, you should definitely consult with a tax professional as there might be other reliefs or considerations specific to your situation, especially regarding the divorce agreement.

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5 After my divorce, I had a similar CGT headache with our family home. I found this service called taxr.ai (https://taxr.ai) that really helped clarify my situation. They analyzed my property documents and divorce decree and gave me a detailed report of my exact tax liability for the sale. Saved me a ton of worry about potentially getting it wrong and facing penalties later. Their UK property disposal calculator specifically accounted for the Private Residence Relief periods and partial exemptions that applied in my post-divorce situation. The report even outlined steps for properly reporting the sale on my Self Assessment.

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14 I've been looking at different options for getting tax advice. Does taxr.ai handle complex situations like shared ownership properties? And how quickly did they turn around the analysis for you? I'm a bit pressed for time as we've got a buyer lined up already.

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17 I've heard mixed things about online tax services for complicated situations like property sales after divorce. Did they actually give you specific advice or just generic information? I'm wondering if it's worth the money compared to just talking to an accountant.

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5 They absolutely handle shared ownership properties - my situation involved a property that was still jointly owned with my ex for several years after our split. Their property tax specialists have specific expertise in post-divorce scenarios. I got my initial report within 48 hours, which broke down exactly how my gain would be calculated and what reliefs applied. They're actually quite affordable compared to traditional accountants, especially for a one-off property sale question. They provided specific calculations based on my documentation, not just generic advice.

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17 Just wanted to follow up on my earlier skepticism about taxr.ai. I decided to try them out for my own situation (selling a property I jointly owned with my brother), and I was genuinely impressed. They identified a partial business use relief I didn't know applied to my situation, potentially saving me about £4,200 in tax. The report spelled out exactly how to calculate my gain and what to report on my Self Assessment. Definitely more useful than the general advice I was getting elsewhere.

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7 If you're still having trouble getting clear answers about your Capital Gains Tax situation, I'd recommend Claimyr (https://claimyr.com). I was in a similar post-divorce property situation and tried calling HMRC directly for weeks with no success. Claimyr got me connected to an actual HMRC agent within 20 minutes who could give me official guidance on my specific situation. They have a video demo here: https://youtu.be/_kiP6q8DX5c showing how it works. My situation was particularly complicated because I had moved out but still owned part of the property, and the HMRC agent walked me through exactly how to calculate the taxable portion versus what was covered by reliefs. HMRC's official advice really helped when I later filed my Self Assessment.

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11 Wait, so this service somehow gets you through to HMRC faster? How does that even work? I've tried calling them multiple times about my own property sale and just gave up after being on hold forever.

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10 This sounds too good to be true. HMRC phone lines are notoriously impossible to get through on. Are you sure they're not just connecting you to some third-party advisor pretending to be HMRC?

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7 It's actually a legitimate service that uses a system to navigate HMRC's phone queues for you. They call you back once they've reached an agent, so you don't waste time on hold. It's the actual HMRC helpline - I verified this by checking the phone number and the information they provided matched official HMRC guidance. The service just handles the frustrating waiting part. I was skeptical too but was desperate after trying for weeks to get through. The agent I spoke with accessed my tax records and gave me specific advice about my property situation that aligned with my accountant's advice.

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10 I was extremely skeptical about Claimyr as mentioned above, but after another frustrating week of trying to reach HMRC on my own (and desperately needing clarification on my own property sale CGT liability), I decided to give it a shot. I'm shocked to admit it actually worked! Got a call back in about 35 minutes and spoke to a real HMRC tax specialist who confirmed exactly how the CGT would apply in my case. They explained which tax form to use for reporting the property disposal and confirmed I was eligible for partial Private Residence Relief even though I'd moved out years ago. Literally saved me hours of stress and potential tax calculation errors.

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8 Quick tip from someone who went through this: make sure you get clarity on what your acquisition cost is considered to be for CGT calculations. Is it when you originally bought together? Or does the divorce create a new acquisition value? This makes a huge difference to the gain calculation. Also don't forget to factor in any improvements you made to the property (extensions, major renovations, etc.) as these can be added to your acquisition cost to reduce the taxable gain. I nearly forgot about the loft conversion we did that added £40k to the base cost!

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3 This is such an important point. When I sold post-divorce, my accountant didn't initially factor in the £27k kitchen renovation we'd done, which would have significantly increased my CGT bill. Do things like a new bathroom count as "improvements" or just "maintenance"?

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8 Great question about bathrooms. The distinction between "improvements" and "maintenance" is important for CGT. A completely new bathroom would typically count as an improvement and can be added to your base cost. However, just replacing existing fixtures with similar ones is usually considered maintenance and isn't allowable. The rule of thumb is whether you've enhanced the property's value or just maintained its condition. Extensions, loft conversions, new kitchens or bathrooms, adding central heating where none existed before - these count as improvements. Repainting, fixing a leaky roof, or replacing worn carpets are maintenance and can't be added to your base cost.

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22 Has anyone dealt with the stamp duty implications when buying a new place after divorce? I'm in a similar situation where I'll get a portion of our house sale but I'm worried I'll have to pay the higher stamp duty rate on my next purchase since technically I'll still be "owning" part of a property until completion day of our family home sale.

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19 You should be fine as long as you sell the shared property before or on the same day you complete on the new purchase. If there's going to be a gap where you technically own parts of two properties, then yes, you could be hit with the higher rate. Timing is everything!

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