A: Married couples can benefit from no gain/ no loss treatment on the transfer of chargeable assets between them until the earlier of:
- The end of the third tax year after the tax year in which couple ceased to live together; and
- The date on which a court grants an order or decree for the divorce, the annulment of their marriage, their judicial separation or, separation in accordance with a separation order.
Couples who have divorced can both benefit from private residence relief (PPR) when the main family home is disposed of to a third party (not the former spouse). As long as one spouse has lived in the main home up to the date of the sale, both spouses can claim PPR, as if they had both lived in the property together.
These publications from Markel Tax were correct at the time of going to press and should be considered as principles-based guidance only. To check current validity, call the Markel Tax helpline. ICAEW (as distributor) disclaims all liability for any errors or omissions.
About Markel Tax
Markel Tax offers expert advice on UK tax and VAT via its helpline and provides monthly FAQs with questions and answers on common tax issues for businesses and practitioners.
