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If you live together with your spouse or civil partner, HM Revenue & Customs (HMRC) will normally treat income from property held in your joint names as if it belonged to you in equal shares and tax each of you on half of the income, regardless of actual ownership.

However, if you actually own the property in unequal shares and are entitled to the income arising in proportion to those shares, then you have the right to be taxed on that basis.

You must simply complete HMRC form 17, which is available from their website www.hmrc.gov.uk. HMRC will expect to see some evidence to support your claim for the income apportionment.

It would be advisable to seek the advice from a solicitor on this, as there may be legal issues to consider. Your local TaxAssist Accountant would be happy to take care of your husband’s and your tax affairs though.

Date published 5 Dec 2012

This article is intended to inform rather than advise and is based on legislation and practice at the time. Taxpayer’s circumstances do vary and if you feel that the information provided is beneficial it is important that you contact us before implementation. If you take, or do not take action as a result of reading this article, before receiving our written endorsement, we will accept no responsibility for any financial loss incurred.

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