Are spouses exempt from capital gains tax?
Sarah Garza
Updated on March 10, 2026
Capital Gains Tax liability You and your spouse or civil partner are treated as separate individuals for Capital Gains Tax purposes. If you and your spouse or civil partner are living together, any transfer of an asset between you is treated as giving rise to neither a gain nor a loss to the person transferring it.
Does a widow have to pay capital gains tax?
Under the new law, a surviving spouse has up to two years from the date of the other spouse’s death to sell the house and still shield up to $500,000 in capital gains. Filing a joint return is not necessary. The capital-gains exclusion of either $250,000 or $500,000 can then be added to that number.
How long do you have to live in a house to avoid capital gains tax?
To get around the capital gains tax, you need to live in your primary residence at least two of the five years before you sell it. Note that this does not mean you have to own the property for a minimum of 5 years, however. Once you’ve lived in the property for at least 2 years, you’d reach capital gains tax exemption.
How are spouses and civil partners taxed on capital gains?
You and your spouse or civil partner are treated as separate individuals for Capital Gains Tax purposes. Each of you will pay tax only on your own gains and you will get relief only for your own losses. However, although you’re taxed separately, you may be treated as ‘connected’ with each other and with each other’s relatives for certain purposes.
How much can you make on capital gains on real estate?
$250,000 of capital gains on real estate if you’re single. $500,000 of capital gains on real estate if you’re married and filing jointly. For example, if you bought a home 10 years ago for $200,000 and sold it today for $800,000, you’d make $600,000.
Do you get private residence relief on capital gains?
You may be entitled to Private Residence Relief on any gain arising on the disposal of your only or main residence.