CG65333 - Private residence relief: separation, divorce or dissolution of civil partnership: action available to Courts

The courts can exercise their jurisdiction in the following ways.

• By recognising an existing equitable interest of the spouse or civil partner who does not have legal title to the dwelling-house, see CG65334.
• By ordering the spouse or civil partner owning the home (or an interest in it) to transfer it to the other spouse or civil partner, see the example at CG65356.
• By ordering the spouse or civil partner owning the home (or an interest in it) to hold it on trust for the other spouse or civil partner for a limited period, see CG65365.
• By ordering the spouse or civil partner owning the home to sell it and to pay the other spouse or civil partner a capital sum out of the proceeds of sale, see the example at CG65334.
• By both determining that one of the spouses or civil partners had an equitable interest in the home and ordering the other spouse or other civil partner to transfer some or all of their interest in the home or to pay a capital sum out of their share of the sale proceeds.