Transfer of assets: between husband and wife or between civil partners: separation, divorce or dissolution: date of disposal
In order to establish the date of disposal of an asset transferred between a husband and wife or between civil partners following their permanent separation, divorce or the dissolution of their civil partnership you will need to know the following,
- if the couple have divorced, the date of the decree absolute
- if the couple’s civil partnership has been dissolved, the date the dissolution order was made final
- if the asset was transferred by order of the Courts, the date of the Court Order
- if the asset was not transferred by order of the Courts, the date of the contract under which the asset was transferred.
The guidance at CG22420 - CG22423 sets out how the date of disposal is determined where the asset was transferred under a Court Order.
If the asset was not transferred under a Court Order and was instead transferred under a contract, TCGA92/S28 will apply, see CG14250+. If the contract is unconditional, the date of disposal is the date of the contract. If the contract is conditional, the date of disposal is the date on which all of the conditions are satisfied.
You may find that where there is a transfer between a husband and wife or between civil partners there is no formal written contract or Court Order; the transfer may be made on an entirely informal basis. In such circumstances the date of disposal should be taken to be the date of transfer if there is no earlier date on which there was a binding agreement between the parties to transfer the asset.