Who pays capital gains tax in a divorce?
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.
Is it better to sell your house before or after divorce?
Waiting to sell is typically better for your home value, too. That extra time gives you several more years to build equity in the home and pay down the mortgage. So, you get more money out of the home sale if you wait to sell until after the divorce.
How long must you live in a house to avoid capital gains tax?
Can you sell your house while getting 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. You will have to buy out your partner, which may involve refinancing your home and perhaps paying a higher mortgage.