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HMRC internal manual

Trusts, Settlements and Estates Manual

From
HM Revenue & Customs
Updated
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Property held jointly by married couples or civil partners: Form 17 rule - married couple or civil partners continue to live together

Where a married couple or civil partners continue to live together but their beneficial interests change there are three possibilities

  • the property is still held in joint names and no declaration is made: the standard 50/50 rule continues to apply after the date of the change
  • the property is still held in joint names and a fresh declaration is made: the income is split in the way set out in the new declaration; the new split applies from the date of the new declaration
  • the property is no longer held in joint names: from the date of the changes normal principles apply; if, say, one spouse or civil partner has become the absolute owner of the income and capital then all the income is assessed on him or her.