Money and property when a relationship ends

7. Tax when transferring assets

You don’t usually have to pay Capital Gains Tax if you give, or otherwise dispose of, assets to your husband, wife or civil partner.

You may have to pay Capital Gains Tax on assets you transfer to your ex-partner after your relationship ends.

Assets include shares, certain personal possessions and property. You usually don’t have to pay tax if you transfer or sell your main home.

If you transfer an asset when you’re separated

If you lived together at any point in the tax year that you transferred the asset, the normal rules for spouses and civil partners apply.

Otherwise you may have to pay Capital Gains Tax. You’ll need to get a valuation of the asset on the date of transfer, and use it to work out the gain or loss.

The tax year is from 6 April to 5 April the following year.

If you transfer an asset after you’ve divorced or dissolved your civil partnership

You may have to pay Capital Gains Tax on assets you transfer after your relationship has legally ended.

The rules for working out your gain or loss are complex. Contact HM Revenue and Customs (HMRC) or get professional tax help, such as an accountant or tax adviser. You’ll need to tell them the date of:

  • the decree absolute or dissolution
  • any court order, if assets were transferred this way
  • any other contract showing the transfer of assets