Settlement after separation

[George38]

My partner and I decided after 15 years to separate.We joimtly own the house we are living in (valued at around £180,0000) and my partner owns two other properties that she lets to tenants. These are worth about £90,000 each. She does not want to sell our joint property as she wants to continue living there so I suggested that she gives me one of her two rented properties which would roughly equate to the value of my share of our communal home. Clearly that would mean waiting for one of them to become vacant which is not a big problem.

The problem is that her two rented properties were bought about 15 years ago when they were valued at around £25,000 each, so have appreciated substantially since their original purchase. If she gave me one of them in full settlement, would the swap be treated as a sale in which case she would have to pay capital gains tax on the appreciated value? If so, then the arrangement, whilst being OK for me, would not be a good deal for her in which case I would have to insist on the sale of our joint property, or get her to buy me out which she would find difficult! All I want (all we both want) is a fair outcome!

[STIDW]

Answered;

http://www.theanswerbank.co.uk/Law/Question805238.html