Transfer of Equity - Capital gains?

Transfer of Equity - Capital gains?

Author
Discussion

Kiwi79

Original Poster:

880 posts

235 months

Tuesday 30th April
quotequote all
Separating from my O/H (not married) and potentially buying out her share of the property.

We bought it as tenants in common unequal split

House has appreciated in time together at least 40k, it is/was our sole residence

Could capital gains apply to either of us (she would be selling her equity to me) or possibly in the future when I come to sell the house as a 100% owner

Equally the internet seems vague but looks like SDLT might apply in some cases. How do they determine chargeable value?

J1990

823 posts

54 months

Tuesday 30th April
quotequote all
Main residence is exempt from capital gains, neither of you will be liable in this scenario - On the basis that you've both been living there, it is your main residence and it was purchased personally and not via any other investment vehicle.

As for SDLT, it does apply when buying out an unmarried partner from a joint household. However, I'm not sure if the threshold is applied to the full value of the property of the share you're purchasing, given that this will involve solicitors anyway I would have this sit with them to decipher.