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Can I Claim Section 121 Exclusion For My inherited Home?

I inherited my dad's house. I had lived there since 2017 until 2024 I sold out that house. My dad passed away in July 2020, I can provide Deed Transfer, and appraisal of 2021, etc. To approve I owned that house and lived there for at least 2 out of 5 years, what documents do I need to prepare my tax return? I got married in 2022, my husband moved in that house. Do I meet the $500000 exclusion?

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6 Replies

Can I Claim Section 121 Exclusion For My inherited Home?

Only one spouse has to meet the ownership test but both have to meet the residency test. So if he lived in the home for at least 2 years your joint exclusion would be the full $500,000. 

Can I Claim Section 121 Exclusion For My inherited Home?


@IllesFarmer wrote:

I inherited my dad's house. I had lived there since 2017 until 2024 I sold out that house. My dad passed away in July 2020, I can provide Deed Transfer, and appraisal of 2021, etc. To approve I owned that house and lived there for at least 2 out of 5 years, what documents do I need to prepare my tax return? I got married in 2022, my husband moved in that house. Do I meet the $500000 exclusion?


First, do you know what your basis is?  Depending on the how the deed was written and the intention of the parties, your basis might be half your father's purchase price plus half the value when he died in 2020, or it might be the full fair market value when he died in 2020.

 

Then, you qualify for your $250,000 exclusion, based on the facts.  Your spouse might qualify for their $250,000 exclusion, if they lived in the home as their main home for more than 731 days (depending on when they moved in in 2022 and when you closed in 2024).  If they don't qualify for the full exclusion, they might qualify for a partial exclusion if the reason you sold is due to a qualifying hardship.  

Can I Claim Section 121 Exclusion For My inherited Home?

what time did I own that house? based on the date of deed transfer paperwork? I lived in that house before my dad passed away in 2017. My dad passed away in July, 2020.

Can I Claim Section 121 Exclusion For My inherited Home?


@IllesFarmer wrote:

what time did I own that house? based on the date of deed transfer paperwork? I lived in that house before my dad passed away in 2017. My dad passed away in July, 2020.


Your ownership is not in question.  It only needs to be more than 2 years and you meet that either way.  (You must own the home at least 2 years, and live it in as your main home for as least 2 years -- 731 days -- out of the past 5 years.)

 

The question is your spouse's residency--how long did they live in the home as their main residence?

Can I Claim Section 121 Exclusion For My inherited Home?

my husband didn't live in that house for 24 months, less than 24 months.

Can I Claim Section 121 Exclusion For My inherited Home?


@IllesFarmer wrote:

my husband didn't live in that house for 24 months, less than 24 months.


Then you qualify for a $250,000 exclusion.  Your husband is not qualified for his $250,000 exclusion.

 

Your husband might qualify for a partial exclusion if the reason you sold and moved before he met his 2 years of residency was due to a qualifying hardship as discussed starting on page 6 of publication 523.

https://www.irs.gov/pub/irs-pdf/p523.pdf

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