Separation, divorce, dissolution of civil partnership and civil annulment

Transfer of assets and property between former partners

Capital Gains Tax (CGT)

You do not have to pay CGT if a court orders assets to be transferred between former partners.

These assets include the shared family home. Assets that are intended to be part of the trading stock of a trade or business cannot be included.

If you have unused allowable losses, you may transfer them to your former partner in the year of separation.

If you dispose of an asset to your ex-partner when you separate you must pay CGT as normal. This does not include if the disposal is due to of a court order.

Capital Acquisitions Tax (CAT) and Stamp duty

You may separate but remain legally married or in a civil partnership with your former partner. In this case, you do not have to pay CAT or Stamp Duty on property transferred to each other.

If you are divorced or have your civil partnership dissolved, a court may order property to be transferred between you. You do not have to pay CAT or Stamp Duty on court ordered property transfers. This is also the case for orders from foreign courts which are recognised as valid in Ireland.

If you get a church annulment it does not invalidate your marriage in civil law. You and your former spouse are still legal spouses for the purposes of CAT and Stamp Duty.

If you separated or divorced after 15 June 2000 and buy another house, you may qualify for first time buyers' relief. To qualify you must meet the following conditions:

  • you have left the shared home
  • you have not retained an interest in the shared home
  • your former partner continues to live in the house, which you shared before the separation or dissolution of your marriage.

Next: Tax credits, reliefs and social welfare payments