Hi.
My spouse lived in the home I sold as his residence for 16 months immediately prior to the sale.
He was my spouse for 7 of those 16 months. It sounds like he meets the ownership through marriage even though the marriage overlaps only 7 months of my home ownership. Being we are in California, I now understand the community property publication. I didn't realize a home I acquired before marriage is considered community property in meeting ownership eligibility test for the cap gains exclusion.
Is that correct? And if so, then could he qualify for a partial exclusion for the 16/24 months if we file married joint?
