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A financial remedy order for my ex and I states that any…

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Hi,A financial remedy order for...
Hi,A financial remedy order for my ex and I states that any capital gains tax must be paid from proceeds of sale of family home.However, it has come to light that all the CGT tax are liabilities to my ex for both properties and none to me. Total CG tax being £26k.I am trying to buy a new home for myself and my 2 young children and applied for a mortgage that should cover cost of home, clearance of debts and purchase of basic car but no CG tax.My ex is insisting that we share the cost of the CG tax and refers to the court order stating any CG tax must be paid from proceeds of sale of family home - but now I can't afford to proceed with purchase comfortably.Please advise whether I have a case for appealing this court order with a good chance of the court requesting the CG tax to be paid from my ex husband's share of equity?My conveyancer solicitor would be happy to retain the CG tax cost of £26,000 aside from the division of equity and progress the purchase of my new home (because I could just about cover cost to purchase but would still have my debts uncleared) and deal with the matter of whether my ex should bear the entire cost CG tax after the sale and purchase transaction. Particularly, as my ex had dodged the tax paying when he sold the other property 4 years ago.However my solicitor will only do so if he can recieve confirmation from a family lawyer that he can hold off payment of the CG tax - as the financial remedy order states to pay the CG tax promptly.In summary:1. Do I have a strong case to appeal for my ex to pay the CG tax from his share of equity and not mine?2. What is the likely approximate cost to appeal in order to know if worth the fight to save me the £26,000?3. Is it within the realm of the law for a family lawyer to
write to my conveyancer to say yes go ahead with purchase of new home and retain the £26, 000 to divide up and share after the outcome of the appeal? Or could a judge only make that Call?
Submitted: 8 months ago.Category: UK Family Law
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Answered in 3 days by:
10/3/2017
Solicitor: frantzgregory, Lawyer replied 8 months ago
frantzgregory
Category: UK Family Law
Satisfied Customers: 889
Experience: Principal at Gregory & Co Lawyers
Verified

Hello

I am not sure what the issue is here or why there should be an issue.

Why do you think you have a remote chance of appealing an order that states CGT must be paid from the proceeds of sale of the family home? What has paying CGT got to do with you not being able to afford to proceed with your purchase? If you cant afford to purchase your house find a property you can afford. CGT is not your funds to spend on purchasing your property.

No one is able to dodge paying tax on a property sold in England and Wales. The conveyancing solicitor has no authority to delay paying CGT.

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Customer reply replied 8 months ago
Dear Frantz,Thank you for taking the time to reply to my question. However, I am not satisfied with your response. I am not happy about the assumption that I am dodging the CG tax particularly as I have made it clear that I want to press for my ex to pay for the tax as his liability. It is an unfair order to ask me to share his liability - so in fact I am not trying to dodge the tax at all, as I am going to let the CG tax come out of my equity share, to follow the order. What I am asking is something entirely different, which I see you have note relayed your understanding of to me in your answer. I am simply seeing if I can seek more justice on the matter. My friends and family are taken aback by the court ordering me to pay for his liabilities.My thinking is to request for the the CG tax to be paid from his share of the equity split and not from mine. I am not sure why you are even suggesting that CGT is a fund for me to spend on a purchase. It seems that you are not understanding my situation and concerns.Therefore, may I please request a full refund as I find that my questions were not acknowledged accurately, nor answered coupled with the fact that your email tone is not friendly nor understanding.Caroline
Solicitor: frantzgregory, Lawyer replied 8 months ago

Dear *****

I made no suggestion of you dodging CGT. You provided information stating that your ex dodged paying CGT and I stated no one is able to dodge paying tax on a property sold in England and Wales

The family court has made an order that CGT is paid out of the proceeds of sale. If you are not happy about the order the advice that any reputable solicitor should be giving you is to appeal that order and not to raise your expectations that it is ok to hold off paying CGT.

Matters relating to unfairness should have been argued in the family court and perhaps it was and the judge made his decision. It is irrelevant whether your family and friends are taken aback by the court's order. We don't always get the decisions we want. The order does not say CGT is taken out of your equity. It is taken out of the proceeds of sale.

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