@Daisy31 wrote:
Did you ever get an answer? I have the same question. I think the answer is yes based upon my reading of the rule but I can’t seem to find anything to confirm that my reading is correct.
This is a 6 year old discussion, we don't know what you are asking.
Remember that the exclusion requires you own the home for at least 2 years and live in the home as your main home at least 2 of the past 5 years (at least 730 days, they do not have to be consecutive). Marriage imparts ownership but not residency. If you marry a person who owns a home, you are deemed by the tax law to own the home for as long as they did, if you file a joint return. But marriage does not make you a retroactive resident of the home.
The IRS states "for a married couple filing jointly, only one spouse has to meet the ownership requirement." That mean that it would be possible to claim the full exclusion if the home was sold before the marriage, as long as:
1. both spouses lived in the home as their main home for at least 2 years prior to the date of the closing, and
2. you are legally married as of December 31 and file a joint return, and
3. neither spouse used the exclusion in the 2 years prior to the closing date of the current sale.
