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BIbi8530
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Sell of house after divorce.

I am recently divorced and will be filing single this year.  Do I have to report what I received on the sell of our house?  Who claims the interest paid on the house, me or him?

 

Thank you,

BIbi8530

 

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2 Replies

Sell of house after divorce.

Talk to your attorney----was there anything in the divorce agreement pertaining to the sale of the house?   

**Disclaimer: Every effort has been made to offer the most correct information possible. The poster disclaims any legal responsibility for the accuracy of the information that is contained in this post.**

Sell of house after divorce.

Who owns the house?  If you sell a house you own, you must report and pay capital gains tax. However, if this is your personal home where you live, you may be able to exclude the first $250,000 of capital gains from taxation.  See IRS pub 523. 

https://www.irs.gov/forms-pubs/about-publication-523

 

Publication 523 also discusses a sale after divorce.  If you currently co-own the house, then normally each of you will report half the sale, and pay tax if your half the gain is more than $250,000.  You would report half the purchase price, and half the selling price, and calculate your half of the gain.

 

In the mean time, if you both still co-own the house, the person who can deduct the mortgage interest and property taxes on schedule A is the person who actually pays the interest and taxes.

 

If you don't co-own the house, because full ownership was already transferred to one spouse during the divorce, it might get a little more complicated, depending on how much gain you expect. 

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