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Capital Gains Tax

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A lady has contacted me re capital gains tax that may be payable.

She was divorced in 2011, and as part of the settlement, she was awarded a cash value of the family home, with a proviso that the house be sold to meet this part of the order. The cash sum enables this lady to purchase a property in 2011. The court order also stated that any profit after the initial house valuation be split 50/50 between the husband and wife. This lady's husband was ill, so she did not force him to sell the house, sadly he died in December 2016, at not time did she claim any rent from him for her 50% os the house he was living in.

Since this lady's husband passed away, probate has been going on. As the divorce court order superseded the probate, and the matter has now been resolved, with thus lady receiving her awarded share of the house, plus the 50% increase in value from 2011 to 2016.

Would there be any case for this lady not paying capital gains tax as she kindly allowed her husband to stay in the house until he died, and did not force him to see the house?

Would welcome any help with this

Many thanks




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