CG22400 - Transfer of assets: between husband and wife or between civil partners: separation, divorce or dissolution: introduction


This section explains how you can determine

  • the date of disposal
and
  • the deemed consideration for the disposal

when an asset is transferred between a husband and wife following permanent separation or divorce, or between civil partners following permanent separation or dissolution of the civil partnership.

In practice it is the date of disposal which governs the deemed consideration. So you need to follow the instructions at CG22410 - CG22423 to decide the date of disposal and then follow CG22500 - CG22505 to decide on the deemed consideration. The position is summarised in the table below.

Where the transfer is of the matrimonial or civil partnership home or of an interest in that home you should refer to the instructions at CG65300+.


DATE OF DISPOSALDEEMED CONSIDERATIONINSTRUCTION
While husband and wife or civil partners of each other are living togetherSuch amount as will give neither a gain nor a loss on disposalCG22200
In year of permanent separationAs aboveCG22202
In year during the whole of which husband and wife or civil partners of each other were permanently separatedMarket value at the date of disposalCG22500-CG22504
Following divorce or dissolution of civil partnershipSometimes market value at the date of disposal, sometimes actual considerationCG22505