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I’m afraid to say it is the position by default. If you live with your spouse or civil partner, the income from property held in joint names will be split in equal shares; regardless of any other circumstances.

However, clearly this puts married couples at a disadvantage to unmarried couples and, therefore, there is now a way that married couples can apply to have the income allocated in an unequal way.

It does involve an application process though and you’re unlikely to be successful if for instance, your motives are only to shift more income to an individual paying tax at a lower rate. I would therefore encourage you to seek advice from a professional such as a solicitor or your local TaxAssist Accountant.

Date published 1 Aug 2014

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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