Can I force my spouse to sell the house in a divorce?
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Can I force my spouse to sell the house in a divorce?
Most couples hold the property’s title in a joint tenancy, she says. Dermody notes you don’t have to immediately sell the property or transfer it to one person. But divorce doesn’t automatically trigger a sale and often people will wait to sell the house until they have a binding financial agreement.
Do you pay capital gains tax on divorce settlements?
CGT is only payable upon the trigger of a CGT event, such as a sale or transfer of the asset. An order from the Family Court or a Binding Financial Agreement provides CGT rollover relief so CGT is not payable when the property is transferred to one party by way of final settlement.
Should I sell my house during a divorce?
Selling is not your only option when you divorce or end a de facto relationship. Dividing property will be necessary, but you may be able to keep your home. They may have to take responsibility for the mortgage payments for the duration if the other party moves out and has to pay rent until the home is sold.
