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V0861-21 13 April 2021 · SG de Impuestos sobre la Renta de las Personas Físicas Criterion in force
IRPF · ganancia patrimonial

Transferring a share of a property to an ex-spouse following divorce triggers a capital gain or loss

The inquirer asks whether transferring their ownership share of the family home to their ex-wife following a divorce results in a capital gain or loss. The DGT responds that it does, as the allocation of an asset at a value exceeding the ownership share constitutes a change in assets.

The question raised

Question posed: Whether the transfer of one's share of the residence to one's spouse generates a capital gain or loss.

The DGT's ruling

The dissolution of a community of property does not constitute a capital gain or loss if the allocation conforms to the ownership share. However, if an asset is allocated at a value higher than the share, a capital gain or loss is generated. In this case, the transfer of the undivided interest to the former spouse generates a gain or loss, regardless of whether there is cash compensation. To apply the exemption for reinvestment in the primary residence, the residence must have been the primary residence at the time of the transfer or on any day during the two preceding years.

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