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In 1990 Mr A purchased a house in which he lived with his parents. His parents did not own a property. Although he travelled a great deal and had a variety of domestic arrangements with several partners the house would have undoubtedly qualified as Mr A’s only or main residence until 2005.
In 2005 Mr A settled down permanently with a partner and they purchased a new house together. He submitted an election to have the original house treated as his only or main residence for capital gains purposes. His partner did not own another property. In 2008 the couple married and in 2018 Mr A sold the original house. He has never amended the election and he and his wife still own and reside in the ‘new house’.
Does the marriage in 2008 invalidate the 2005 election? If so he will claim only or main...
