Divorce and new tax developments | Winston Solicitors Skip to main content
Divorce and new tax developments
Legal news

Divorce and new tax developments

Wendy Campbell Wendy Campbell
3 min read

Talk to Accountants when transferring property between separating couples, as it should take place in the tax year of separation to avoid capital gains tax becoming payable on such transfers.

However, what is the position where a married couple separate, one party remains in the former marital home, the other leaves and the house is subsequently sold? The person who has left the marital home may be liable to pay capital gains tax on his share of the gain.

Up until April 2014 the person who left the marital home had no problems as long as the marital home was sold within three years of the date of separation. However in April 2014 this period was cut short to 18 months.

Not many people are aware of this change and it can cause an unexpected tax liability.

For example, take Phillip and Joanne. They bought a two bedroom flat in London in November 2004 for £400,000. They separated in November 2012. Joanne remained in the marital home and Phillip moved into rented accommodation. They both agreed that the marital home should be sold and that the proceeds of sale should be split 50/50. However the property was not sold until May 2015. At that time, the sale price was £1,220,000. There was no mortgage and after deducting the costs of sale of £20,000 this left a net equity of £1,200,000.

Over a period of 10 years and 6 months, there was a gain of £800,000. As the property had been Joanne’s main residence, she had no capital gains tax to pay on her 50% of the net proceeds of sale. However as Phillip had moved out more than 18 months prior to the sale taking place, he had an unforeseen tax bill to pay in respect of his share of the equity in the property.

Phillip was able to claim the main residence relief for the period of 8 years from November 2004 until he moved out in November 2012 and also for the last 18 months period of ownership (3 years before 6 April 2014). He could not however claim a residence relief for the period December 2012 to December 2013. Calculated on a pro rata basis, a 12 month period over the 10 and a half years, the gain was £38,096. Phillip was able to make use of his annual tax exemption of £11,100 which brought down the gain to £26,996. However as Phillip was a higher rate tax payer, he was liable to pay capital gains tax on that gain at the rate of 28% which left him with an unforeseen tax bill of £7,558.

This example emphasises the need to take into account the tax consequence arising from the sale of the marital home following the breakdown of a marriage. Expert advice is usually needed from an accountant to make sure that the parties are fully aware of all tax implications involved.

Please call specialist family solicitor Wendy Campbell on 0113 320 5000 or email wpc@winstonsolicitors.co.uk for a more detailed look at your situation and to discuss your requirements.

Take a look at our prenuptial agreement calculator to estimate the protection a prenuptial agreement may provide you.

Client feedback

They were very good at keeping me up to date and letting me know the progress of my claim
Charley
I would definitely highly recommend the efficiency & good communication thry have & have had several properties successfully completed with
Mr H
Excellent local solicitors would recommend. You can call in the office car parking available and receptionists very helpful if you need help. Dealt with them before, excellent.
Ian
Friendly, easy to understand and comunitive. Would happily recommend they to others.
John
Winston Solicitors was recommended to me, as this was my first time buying a house and didn’t know what to expect. They made the process very easy and I did not have to worry about any of the process as I got to track it every step of the way. Samantha also kept me updated and any queries were replied to promptly. I will definitely be using again in the future and recommend everyone I know.
Mr Michel
I can’t speak highly enough of Sidraa at Winston Solicitors for her exceptional support throughout my house purchase. From start to finish, she has been absolutely brilliant. Her prompt responses, attention to detail, and professionalism made a stressful process feel manageable and smooth. This is actually the second time I’ve used Winston Solicitors, and once again, they have been great. Consistent, reliable, and professional and Sidraa in particular truly went above and beyond. She was always kind, polite, and incredibly approachable, nothing ever felt like too much trouble. Even when dealing with a particularly difficult chain and the added pressure of a new stamp duty deadline, she worked tirelessly to get everything done on time. She responded to queries even out of hours, always called back when she said she would, and genuinely made me feel like a priority. What really stood out to me was her dedication — despite having preplanned annual leave for Eid, she still tried to keep things moving, which shows how committed she is to her clients. Her communication was clear and consistent, and she made a complex process feel a lot less daunting. I felt fully supported and in safe hands throughout. If you're looking for a solicitor who is professional, caring, and truly exceptional at what she does, Sidraa at Winston Solicitors is the one to go to. I’m incredibly grateful for everything she did and wouldn’t hesitate to work with her again or recommend her to others. - April 2025
I Younas, Leeds
I would really like to thank both Amr and his assistant Joe. Throughout the whole process they kept me informed, nothing was ever too much. I am a first time buyer, this was a very stressful time but both members of staff made me feel at ease that it would get sorted. Thank you so much both!
Y Hinton, Leeds
Leasa and Julie were fantastic at helping us buy and sell our house. They were punctual, and kept us up to date with what was going on. Their online platform was clear to follow. Leasa's email response time was rapid, this was incredibly valuable. - March 2025
J Salthouse, Leeds
Contact Wendy