If I sold my home and got married last year, do I have to file separately this year in order to claim the home as primary residence?

[hallescott]

Both spouses have to live in a home to claim it as primary. I don't see a way to show a home as primary before we got married if we file jointly.

[Mike9241]

to claim as a primary residence you must have owned it for any 2 out 5 years before sale and the same rule applies for occupancy.  you can still file jointly even if your spouse did not occupy the house for 2 out of 5 years before the sale but your home sale exclusion will be limited to $250,000. The same if you file separately. 

[hallescott]

Thank  you. Does the $250K cap refer to cash out at time of sale or to profit (sale price minus purchase price)?

[AmyC]

Profit. File MFJ, the house was yours and you qualify. The program can handle it.

See Topic No. 701 Sale of Your Home. If you qualify and did not receive a 1099-S, nothing to report. If you received a 1099-S, report it and the return will show a capital gain of zero.