ÀÏ˾»úÎçÒ¹¸£Àû

Where property is jointly held in the names of spouses or civil partners (see E5.101) who are living together, special provisions allocate any income arising from that property between them for income tax purposes¹. The general rule is that the spouses or civil partners are treated as beneficially entitled to the income in equal shares irrespective of their actual interests, but this is subject to several exceptions. In certain situations, the default 50:50 rule can be overridden by a joint declaration by the spouses or civil partners of their beneficial interests in the income (see below).

The rule only applies where the property is held in the names of both spouses or civil partners²; it does not apply to property held in the name of one spouse or civil partner and the other has a part interest in it under the legal doctrines of equity. Where the rule does not apply, the income must be allocated between the spouses or civil partners according to their respective entitlements.

If an asset held solely by one spouse