Can 59-yr-old married 6 yrs avoid IRS taxes when selling home in his name only?Personal stuff in house; never rented out. Spouse's house is in her name only.

[lpwatter]

Spouse lived in house for 27 years and still has much of his stuff at that house.  His house is in his name only.  My house is in my name only.  

[JulieR · Accepted solution]

It depends. The age of the seller has no bearing on whether or not the home sale exclusion can be claimed.  The qualifications necessary to claim the home sale exclusion are as follows: (Based on what you are describing, it would seem the main key here is the second bullet point below)

• You owned the home
• It was your main home for two years or more within the five years leading up to the sale
• You waited at least two years between selling your primary home and excluding your first $250,000 or $500,000 from taxes. In other words, you may buy and sell as many primary homes as you'd like, but you'll only get this tax benefit every two years.

For more information please read the following information about home sales. https://ttlc.intuit.com/replies/3300213