Capital gains liability after a split

[Limey]

Does anyone know what the position is re taxation if a former principal residence is sold after a split? The house was purchased in 2003. Neither of us live there anymore, after the breakup my ex has vandalized it extensively so it is uninhabitable at the moment. I believe he has moved back to the UK while I am not in the EU. Would I be liable for capital gains on my share of the monies?

[AnOther]

I fail to see why the marital circumstances you describe would be relevent to any CGT which may be due on a property sale.

AFAIK CGT, if due, will be determined and levied at the point of sale after which it's up to you and your ex to divi up the remining proceeds.

[Judie]

When my ex and I sold a property in France a few years ago, plus value was determined in relation to our residency. I am a french resident and paid 27% and he paid 16% on his share as a UK resident. He received his share minus his liability. I received mine minus my liability. Simple.

[Limey]

Thanks for answering. The circumstances of the split have made this situation perhaps a lot more difficult than necessary but what I am asking is that as it was our principal residence before we parted, would it be treated the same as if it was just a holiday cottage we owned.

[Sunday Driver]

Exemption from capital gains tax applies if the property is your principal residence as at the date of sale. 

However, the impots recognise that people sometimes have to move home without having sold their existing property so they allow a period of grace (currently up to two years) for you to sell and still retain the exemption.  During this time, you must not rent it out or allow others such as family members to occupy it free of charge.  You may also be required to provide evidence that the property has been actively marketed during this period.

EU citizens who move abroad to live retain the exemption on their former French residence without time limit, on condition that they have been tax resident in France for at least two consecutive years at any time in the past and that the property has been vacant and available for sale since 1 January of the year preceeding the sale.