• Acquisition of a dwelling from a company or trust upon marriage breakdown

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    This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

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    If a dwelling is transferred to you from a company or trustee of a trust under a court order as a result of your marriage breakdown, you are treated as having owned the dwelling while it was owned by the company or trustee. However, you cannot obtain the main residence exemption during any part of the period that the company or trustee owned it.

    Therefore, if a dwelling is transferred to you by a company or trustee as a result of your marriage breakdown, you will be entitled to the exemption only for the period after it was transferred when it was your main residence. This is calculated by dividing the period after the transfer that it was your main residence by the combined period you and the company or trustee owned it

    For more information about CGT assets and marriage breakdown, see chapter 8.

    Last modified: 06 Oct 2009QC 27417