vikram (Sales) 24 June 2025
Hi. I am a divorcee (4 years since divorce) from my ex-wife.
As part of the divorce settlement, i agreed to transfer our 50-50 purchased and jointly owned property to her.
Since the loan is only now completing, is it possible to avoid tax charges/capital gains tax on the sale to her?
Can we refer to the original divorce agreement (where it states I will transfer to her) to avoid tax?
Thanks in advance!
Vikram
kavksatyanarayana (subregistrar/supdt.(retired)) 24 June 2025
You cannot transfer the property to her when the loan is not repaid. For tax, consult a local CA.
R.K Nanda (Advocate) 24 June 2025
Consult tax lawyer.
T. Kalaiselvan, Advocate (Advocate) 24 June 2025
If you are transferring the property by a registered sale deed, then you are liable to pay the long term capital gains tax as applicable, instead you can transfer it to her as per the court decree, if the court decree passes orders to transfer the property to her, and the court decree may be registered directly to avoid stamp duty as well as the LTCG taxes too.
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