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MEDIUM
FISCAL

Reinvestment exemption applies if property was former spouse's habitual home

V2065-25

Prepared and reviewed by the BMC editorial team  ·  Methodology

Technical details

Type
consulta-vinculante (what is this?)
Identifier
V2065-25
Published
5 Nov 2025

Summary

A taxpayer asks whether the reinvestment exemption can be applied to a property previously shared with an ex-partner, where they no longer resided. The DGT states that, in line with Supreme Court jurisprudence, the property is considered habitual residence if the former spouse maintained it as such at the time of sale or in the two years prior.

In 6 key points

Lifecycle

2025-11-05PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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