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$500k Exclusion for home sale - marriage question

Started by Tungsten10001
about 9 years ago
Posts: 3
Member since: Mar 2011
Discussion about
Hello - my partner and I have lived in our apartment for 7 years together. We are getting married next year (mostly due to fear of Trump and the new supreme court nominees and fear of losing marriage equality), but wondering if I have to get married BEFORE the sale of the home to reap the 500k exclusion benefit for capital gains. Otherwise, we could get married sometime in the year and not be rushed, as long as we still file jointly that year including the sale of the home. Anyone know?
Response by jaky
about 9 years ago
Posts: 48
Member since: Jul 2011

There are certain additional requirements you must meet to qualify for the $500,000 exclusion. Namely, you must be able to show that all of the following are true:
1. you are married and file a joint return for the year
2. either you or your spouse meets the ownership test
3. both you and your spouse meet the use test, and
4. during the 2-year period ending on the date of the sale, neither you or your spouse excluded gain from the sale of another home.

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Response by ChasingWamus
about 9 years ago
Posts: 309
Member since: Dec 2008

Why don't you want to pay your taxes?

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Response by 300_mercer
about 9 years ago
Posts: 10582
Member since: Feb 2007

Tungsten, Trump is gay friendly if you go by the republican convention. I think he has bigger priorities than interfere in people's personal lives. But you never know.

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Response by gothamsboro
about 9 years ago
Posts: 536
Member since: Sep 2013

Very specific and helpful answer from 300_mercer. Be sure to base personal and financial decisions on it.

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Response by jaky
about 9 years ago
Posts: 48
Member since: Jul 2011

300_mercer, he may be, but the people around him/apointees aren't

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Response by nyc1234
about 9 years ago
Posts: 245
Member since: Feb 2009

All depends on the Supreme Court nominations.

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Response by front_porch
about 9 years ago
Posts: 5321
Member since: Mar 2008

If you own and have occupied jointly, I think it doesn't matter when you get married, because if the IRS thinks you're unmarried, you could each file separately for a $250K exclusion on your half of the property, KWIM?

Think of it this way: If Peter and Paul buy a home together for $1 mm, and they sell it for $1.8mm. Then, on his tax return, Peter is a single person who has $900K in proceeds, a $500K basis, and $400K in gains -- of which he can exclude $250K . Paul should be in the exact same situation, so the couple's exclusions would total $500K.

But I'm not a tax pro, so I'd say consult an accountant if you're really worried.

And congrats on the engagement.

ali r.
{downtown broker}

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