Capital Gains on Matrimonial Home

[dw1970]

If I moved out of the matrimonial home due to a breakdown in marriage, back to my original home (I owned 2) prior to the sale of the matrimonial home but had many of my possessions still at the matrimonial home until the sale of the home - is the matrimonial home still considered selling of primary residence?

In addition, what if I left the matrimonial home prior to the 2 year mark for owning the matrimonial home prior to selling?

[Carl]

In order to qualify for the "2 of last 5" capital gains exclusion, you must have lived in the property as your primary residence for at least 2 of the last 5 years you owned it. If you did not, then you do not qualify for the exclusion. Period.

[Anonymous_ · Accepted solution]

You might qualify for one the exceptions to the general "2 out of the last 5 year" rule.

See https://www.irs.gov/publications/p523#en_US_2021_publink100073099