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HMRC internal manual

Capital Gains Manual

Gifts: Tax: hold-over relief

Any disposal of an asset from one spouse or civil partner to the other after the end of the year of assessment in which they separate but prior to the divorce decree absolute or prior to the final dissolution order is treated as taking place otherwise than by way of a bargain at arm’s length.

A transfer between them made under a Court Order, whether or not by consent, after divorce or dissolution is treated in a similar manner.

In these circumstances, the conditions for a claim to hold-over relief may be satisfied. However, it is also necessary to consider whether any consideration, see CG66982(2) and CG67090, has been given by the spouse or civil partner receiving the asset. CG67192 tells you about this.