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The wording in the MSA does not reference capital gains . This is the wording in the MSA.

”the net proceeds shall be divided on a 50%-50% basis between the parties. 

the net proceeds shall be divided on a 50%-50% basis between the parties.

My ex is demanding that I pay half the tax. And my attorney is saying that I am not required to pay the tax. So we will need to go to court. A judge will have to read the language of the agreement and weigh-in as to whether or not he/she feels capital gains taxes should be deducted from the net proceeds.