My partner and I split up 2 years ago , he stayed in Spain and I returned to England, the house is for sale and we will be splitting the proceeds between us ie 50% each. He will then reinvest his share in another property in Spain whilst I will bring my share back to England.

As I understand it if he reinvests his share within 2 years he will not pay tax whilst as I am now non resident and not reinvesting in a property in Spain or here in England I will have to pay 19% tax.

He has been told that as it would be difficult to confirm if we were splitting the proceeds 50% each that it is likely the whole amount would be taxed at 19%.

I would like to know which one of us has the correct version should we proceed with the sale and the split of the proceeds as above.

Many Thanks
Lesley