I'm NOT married right now but i'm selling my house for 300k profit. would I have to get married BEFORE the sale of the house in order to qualify for the 500k exception?

[jeremystroup]

OR do i have to be married by the end of 2019 AND file jointly next year?

[Anonymous_]

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@jeremystroup wrote:
OR do i have to be married by the end of 2019 AND file jointly next year?

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It does not work that way, exactly. While only one spouse has to meet the ownership requirement, each spouse must meet the residence requirement individually (for a married couple filing jointly) to get the full exclusion.

See https://www.irs.gov/publications/p523#en_US_2018_publink10008952

[Carl]

Marriage has nothing to do with this. First, all listed owners on the property deed (of which I assume your bride to be is not listed) must have lived in the house for at least two of the last 5 years they owned it, in order to qualify for the exclusion. So while you may qualify for the $250K exclusion, the other person will not. Being married to you is irrelevant.

In some community property states, once married you both have 50% ownership of everything. So listing the spouse on the deed is not necessary. But it does make it easier if audited on your exclusion claim.

[Anonymous_]

Just so this is clear:

For a married couple filing jointly, only one spouse has to meet the ownership requirement.