Home sale capital gains exclusion - I bought a house (#1) in August 2017. I moved out in bought a house (#2) with my now husband in November 2022. We married in May 2023. I rented out house #1 for a year and then sold it in Dec 2023. We submitted taxes as married filing jointly for 2023, and claimed the house as a primary sale, excluding around ~200k of capital gains on the sale of the house. Husband never owned the house, or was on the mortgage or the deed, and was not required to participate in the sale of the home at all.
We're now under contract for house #3, and plan to sell house #2. Under ordinary circumstances, we understand we'd want to wait to sell until November 2024 to qualify for capital gain exclusion of up to 500k. But since one of us sold a house as primary in Dec 2023, does that disqualify us entirely until Dec 2025? Or are we eligible for a partial exclusion (up to 250k?) in Nov 2024 as my husband would meet all the requirements, but I wouldn't?
In Fairfax county Virginia if that matters at all.
