My husband and I have separated, and I moved out of the house we own jointly in September 2023. He is buying me out of the house and is looking to get a remortgage to do this. I need to know if I will need to pay tax on the money he will be giving me. 

Arthur Weller replies:  

If this house was your main residence for all the time you jointly owned it, the capital gain on this property is covered by capital gains tax principal private residence relief. Even though you moved out of the house in September 2023, new rules were brought in, and in HMRC’s Capital Gains Manual at CG22200, it states: ‘For disposals taking place on or after 6 April 2023 following separation of spouses or civil partners, transfers at no gain or loss can be made between them up to the earlier of the end of the third tax year after that in which those spouses or civil partners cease to live together, or the date on which a court grants a divorce, or a dissolution of the civil partnership.’ See also CG65345.