Hello. I am in the process of finalising property settlement after a divorce. My ex-spouse and I had no joint assets (only married a short time). I have agreed to sell her my investment property that was in my name only for roughly half the market value. Am I able to claim a capital loss? Thanks
Hi @stang1963
It'll all depend on if there was a rollover or not.
If the rollover was applied then the spouse transferring the property ignores the capital gain or loss and if the rollover wasn't applied then yes, you can claim a loss if it's worked out to be a loss.
There's lots to consider check out our further info on Your guide to CGT and property.
Hi @stang1963
A lot is going to depend on the actual terms of your divorce settlement.
Is the property being transferred to your ex or sold? How was the price calculated?
Toby
Hi @stang1963
It'll all depend on if there was a rollover or not.
If the rollover was applied then the spouse transferring the property ignores the capital gain or loss and if the rollover wasn't applied then yes, you can claim a loss if it's worked out to be a loss.
There's lots to consider check out our further info on Your guide to CGT and property.
21 May 2026 · 4 min read time
15 Apr 2026 · 8 min read time
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