Paying capital gains on 2nd property with relationship break

[XMES RUS]

As the title asks, partner has moved out some months back but has own flat. If they sell the flat do they still pay capital gains on the sale ? Would we need to get a legal separation to get round this ? Or is it what it is and have to pay.
Views welcome

Btw there is no transfer of asset. It's always been owned by wife and not me.

Edited by XMES RUS on Wednesday 21st September 18:29

[uknick]

Capital gains tax is due on the difference between the full cost of the purchase price (add in any buying costs and improvements during ownership) and the adjusted sale price (remove any selling costs).

The gain is reduced by a factor based on how long the owner lived in the property as their principal residence and also the last 18 months of ownership regardless if they actually lived there, e.g. if she owned the property for 120 months but lived in it for the last 12, the gain will be reduced by 12+18 months, 25%.

The adjusted gain is then reduced by any personal CGT allowance the owner has for the tax year in question.

So, in answer to your first question, yes she would be liable to CGT if there is any gain after the adjustments above. As its only been owned by your wife she will have the full liability for any CGT owed.

With regard to your 2nd question, I don't see how any change in the legal status in your relationship will change the CGT liability.