Reply To: Schedule 6 – Disregarded Capital


I think you need to look at paras 4, 25 & 26 of Schedule 6 to the HBR 2006. The commentary in [i:2672182ee3]Findlay[/i:2672182ee3] is still very useful on these points. From the information you have given, it sounds as if the couple are certainly estranged and, if the wife is not yet willing to agree to a sale, you are going to have to disregard his share of the capital for the time being – he can’t actually get his hands on it until she agrees to a sale or he gets a Court order forcing a sale.