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Sundevil
New Member

Does the amount to buy out a spouse of primary residence during divorce increase the home's cost basis?

 
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3 Replies
bwa
Alumni
Alumni

Does the amount to buy out a spouse of primary residence during divorce increase the home's cost basis?

It does not.  There is no gain or loss on transfers between a husband and wife, including those incident to a divorce.  The basis after the transfer is the same as before.  Any additional consideration is disregarded as it is part of a property settlement.

Does the amount to buy out a spouse of primary residence during divorce increase the home's cost basis?

Would it make a difference if the home is held in a revocable trust while married, but sold to one of the divorcing spouses at the dissolution of marriage settlement, or does the original cost basis hold regardless of ownership type?

Does the amount to buy out a spouse of primary residence during divorce increase the home's cost basis?

@yoyoyiggityyo1 

 

A revocable trust is treated as a disregarded entity for federal income tax purposes, so it would not make a difference.

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